Opinion
2014-06803 (Docket No. V-2166-13)
05-06-2015
In the Matter of Michael PSAROS, respondent, v. Anica MITCHELL–ORTEGA, appellant.
Salvatore C. Adamo, New York, N.Y., for appellant. William A. Hirshfeld, New City, N.Y., for respondent. Harvey A. Eilbaum, New City, N.Y., attorney for the child.
Salvatore C. Adamo, New York, N.Y., for appellant.
William A. Hirshfeld, New City, N.Y., for respondent.
Harvey A. Eilbaum, New City, N.Y., attorney for the child.
JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and SYLVIA O. HINDS–RADIX, JJ.
Opinion Appeal from an order of the Family Court, Rockland County (William P. Warren, J.), dated May 29, 2014. The order, after a hearing, granted the father's petition for physical custody of the subject child, with joint legal custody to both parties.
ORDERED that the order is affirmed, without costs or disbursements.
“ ‘The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child’ ” (Matter of Gooler v. Gooler, 107 A.D.3d 712, 712, 966 N.Y.S.2d 208, quoting Matter of Julie v. Wills, 73 A.D.3d 777, 777, 899 N.Y.S.2d 669 ; see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). In determining an initial petition for child custody, the court must consider, among other things, “(1) which alternative will best promote stability; (2) the available home environments; (3) the past performance of each parent; (4) each parent's relative fitness, including his or her ability to guide the child, provide for the child's overall well being, and foster the child's relationship with the noncustodial parent; and (5) the child's desires” (Matter of Supangkat v. Torres, 101 A.D.3d 889, 889–890, 954 N.Y.S.2d 915 ). Custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, and therefore, deference is accorded to the trial court's findings in this regard (see Matter of Gooler v. Gooler, 107 A.D.3d at 712, 966 N.Y.S.2d 208 ). Such findings will not be disturbed unless they lack a sound and substantial basis in the record (see id.; see also Matter of Frankiv v. Kalitka, 105 A.D.3d 1045, 1046, 963 N.Y.S.2d 393 ).In this case, the Family Court properly weighed all of the factors in awarding physical custody to the father and did not, as the mother alleges, give undue weight to the opinion of the court-appointed forensic psychologist (cf. Matter of Supangkat v. Torres, 101 A.D.3d at 890, 954 N.Y.S.2d 915 ). The court, after evaluating the testimony, considering the recommendations of a forensic expert, home studies, and the custody investigation, interviewing the child in camera, and considering the position of the attorney for the child, determined that the child's best interests would be served by an order awarding physical custody to the father, with the parties sharing joint legal custody (see Matter of Andrews v. Mouzon, 80 A.D.3d 761, 762, 915 N.Y.S.2d 604 ). That determination is supported by the record, and we decline to disturb it (see id.; Matter of Guzman v. Pizarro, 102 A.D.3d 964, 965, 958 N.Y.S.2d 491 ).