Opinion
2000-08182
Argued May 30, 2003.
June 23, 2003.
In two related custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Queens County (Croiter, J.), dated July 24, 2000, as, after a hearing, awarded custody of the child to the father.
Jeffrey C. Bluth, Brooklyn, N.Y., for appellant and nonparty appellant, Juana Delance.
Robert Hausner, Mineola, N.Y., for petitioner-respondent and respondent-respondent, Darlene Walton.
Carol Kahn, New York, N.Y., for respondent-respondent and petitioner-respondent, Michael Walton.
Matthew M. Lupoli, Flushing, N.Y., Law Guardian for the child.
Before: SANDRA J. FEUERSTEIN, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
While an appellate court's authority in custody matters is as broad as that of the trial court (see Leistner v. Leistner, 137 A.D.2d 499), it is widely accepted that custody decisions depend "to a very great extent upon the hearing court's assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties" (Alanna M. v. Duncan M., 204 A.D.2d 409; see Matter of Irene O., 38 N.Y.2d 776; Matter of Doyle v. McLoughlin, 146 A.D.2d 940). Appellate courts must necessarily tread lightly before substituting "their own evaluation of these subjective factors for that of the nisi prius court * * * and if they do, should articulate the reasons for so doing" (Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174). Where a hearing court has conducted a complete evidentiary hearing, its finding must be accorded great weight and its grant of custody should be allowed to stand unless it lacks a sound and substantial basis in the record (see Conti v. Conti, 149 A.D.2d 395).
The essential consideration in making an award of custody is the best interest of the child (see Friederwitzer v. Friederwitzer, 55 N.Y.2d 89; Alanna M. v. Duncan M., supra). The hearing court may require a change of custody if the totality of the circumstances warrants a modification and such a change is in the best interest of the child (see Matter of Schimler v. Schmiler, 203 A.D.2d 580). Factors to be considered in determining the child's best interest include: " `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 has been in effect' " (Matter of Lobo v. Muttee, 196 A.D.2d 585, 587, quoting Matter of Krebsbach v. Gallagher, 181 A.D.2d 363, 364-365; see also Eschbach v. Eschbach, supra). Moreover, a court should be mindful that "the existence or absence of any one factor cannot be determinative on appellate review since the court is to consider the totality of the circumstances" (Eschbach v. Eschbach, supra at 174).
Here, the hearing court had the opportunity to observe the mother and the father over an extended period and received testimony from numerous individuals, including the parties and a social worker. Based on the record, the hearing court weighed the appropriate factors and properly awarded custody to the father (see Canazon v. Canazon, 215 A.D.2d 652; Kuncman v. Kuncman, 188 A.D.2d 517).
The mother's remaining contentions are without merit.
FEUERSTEIN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.