Opinion
10598
12-19-2019
In re STEPHANIE L. L., Petitioner–Respondent, v. ROMEY S. M., Respondent–Appellant.
Romey S. M., appellant pro se. Burger Green & Min, LLP, New York (Nancy Green of counsel), for respondent.
Romey S. M., appellant pro se.
Burger Green & Min, LLP, New York (Nancy Green of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Kapnick, Gonza´lez, JJ.
Order, Family Court, New York County (Carol Goldstein, J.), entered on or about May 11, 2018, which, to the extent appealed from as limited by the briefs and stipulation, after a nonjury trial, granted the parties joint legal custody, with the petitioner mother having final decision-making authority in the area of medical and other issues, unanimously affirmed, without costs.
Family Court's determination of the custody and visitation issues has a sound and substantial basis in the record, and the father has identified no grounds to disturb the determination (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173–174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ; Matter of Carl T. v. Yajaira A.C., 95 A.D.3d 640, 641, 945 N.Y.S.2d 20 [1st Dept. 2012] ). The court properly considered the totality of the circumstances and the best interest of the child ( Eschbach, 56 N.Y.2d at 171, 174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ).
Family Court properly awarded the parties joint legal custody with the mother having final decision-making authority, given that the mother had been the child's primary caregiver for many years and in light of the parties' contentious relationship (see Nimkoff v. Nimkoff, 74 A.D.3d 408, 902 N.Y.S.2d 65 [1st Dept. 2010] ; Matter of Elizabeth S. v. Edgard N., 150 A.D.3d 585, 56 N.Y.S.3d 51 [1st Dept. 2017] ).
We have considered the father's remaining contentions and find them unavailing.