Opinion
706 CAF 21-00631
09-30-2022
In the Matter of John H. FREDERICK, Jr., Petitioner-Appellant, v. Jennifer L. HEIDEMANN and Kathleen M. Heidemann, Respondents-Respondents.
PAUL B. WATKINS, FAIRPORT, FOR PETITIONER-APPELLANT. DUKE LAW FIRM, P.C., LAKEVILLE (HEIDI W. FEINBERG OF COUNSEL), FOR RESPONDENT-RESPONDENT JENNIFER L. HEIDEMANN. MARYBETH D. BARNET, MIDDLESEX, ATTORNEY FOR THE CHILD.
PAUL B. WATKINS, FAIRPORT, FOR PETITIONER-APPELLANT.
DUKE LAW FIRM, P.C., LAKEVILLE (HEIDI W. FEINBERG OF COUNSEL), FOR RESPONDENT-RESPONDENT JENNIFER L. HEIDEMANN.
MARYBETH D. BARNET, MIDDLESEX, ATTORNEY FOR THE CHILD.
PRESENT: SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner father appeals from an order that, among other things, awarded respondent mother sole legal and physical custody of the subject child, with visitation to the father and to respondent grandmother. Contrary to the father's contention, Family Court considered the appropriate factors in making its custody determination (see generally Matter of Caughill v. Caughill , 124 A.D.3d 1345, 1346, 1 N.Y.S.3d 652 [4th Dept. 2015] ). The court's determination, made after a hearing, that the best interests of the child are served by awarding custody to the mother "is entitled to great deference ..., particularly in view of the hearing court's superior ability to evaluate the character and credibility of the witnesses" ( Matter of Timothy MYC v. Wagner , 151 A.D.3d 1731, 1732, 56 N.Y.S.3d 746 [4th Dept. 2017] [internal quotation marks omitted]; see Matter of Baker v. Mackey , 196 A.D.3d 1161, 1162, 147 N.Y.S.3d 914 [4th Dept. 2021] ; Matter of Schram v. Nine , 193 A.D.3d 1361, 1362, 143 N.Y.S.3d 274 [4th Dept. 2021], lv denied 37 N.Y.3d 905, 2021 WL 3927350 [2021] ). We will not disturb that determination where, as here, "the record establishes that it is the product of the court's careful weighing of [the] appropriate factors" ( Timothy MYC , 151 A.D.3d at 1732, 56 N.Y.S.3d 746 [internal quotation marks omitted]; see Schram , 193 A.D.3d at 1362, 143 N.Y.S.3d 274 ) and " ‘it is supported by a sound and substantial basis in the record’ " ( Matter of Ladd v. Krupp , 136 A.D.3d 1391, 1393, 24 N.Y.S.3d 834 [4th Dept. 2016] ; see Williams v. Williams , 100 A.D.3d 1347, 1348, 953 N.Y.S.2d 421 [4th Dept. 2012] ; see generally Eschbach v. Eschbach , 56 N.Y.2d 167, 171-174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ).