Opinion
2002-01942
Submitted October 3, 2003.
October 27, 2003.
In two related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Westchester County (Spitz, J.H.O.), dated January 28, 2002, which, inter alia, granted the father's petition for custody of the parties' child and denied her cross petition for custody.
J. Henry Neale, Jr., White Plains, N.Y., for appellant.
David M. Rosoff, Harrison, N.Y., for respondent.
Maria Joy Frank, Yorktown Heights, N.Y., Law Guardian for the child.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
It is well settled that in adjudicating custody and visitation rights, the paramount concern is the best interests of the child ( see Domestic Relations Law § 70; Eschbach v. Eschabach, 56 N.Y.2d 167, 171; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 93-95; Matter of Acosta v. Acosta, 259 A.D.2d 747; Matter of Prete v. Prete, 193 A.D.2d 804, 805). "Among the factors to be considered are the quality of the home environment and the parental guidance the custodial parent provides for the child * * * the ability of each parent to provide for the child's emotional and intellectual development * * * the financial status and ability of each parent to provide for the child * * * the relative fitness of the respective parents, and the length of time the present custody arrangement had been in effect" ( Matter of Krebsbach v. Gallagher, 181 A.D.2d 363, 364). In addition, while the recommendations of court-appointed experts are entitled to some weight ( cf. Young v. Young, 212 A.D.2d 114), the court is not bound by those recommendations ( see Forzano v. Scuderi, 224 A.D.2d 385, 386). The existence or absence of any one factor cannot be determinative on appellate review since the court must consider the "totality of the circumstances" ( Eschbach v. Eschabach, supra at 174; see Young v. Young, supra).
Here, there is sufficient basis in the record, including the testimony of the parties, their witnesses, the court-appointed forensic evaluator, and the Westchester County Department of Social Services caseworker, to support the award of custody to the father.
The mother's remaining contentions are without merit.
ALTMAN, J.P., FLORIO, FRIEDMANN and MASTRO, JJ., concur.