Opinion
2018–01521 (Docket Nos. V–5365–16, V–120–17)
06-19-2019
In the Matter of Eligio TURCIOS, Respondent, v. Elizabeth CORDERO, Appellant. (Proceeding No. 1) In the Matter of Elizabeth Cordero, Appellant, v. Eligio Turcios, Respondent. (Proceeding No. 2)
Jane M. Bloom, Monticello, NY, for appellant. Jacobowitz & Gubits, LLP, Walden, N.Y. (Christopher J. Cardinale of counsel), for respondent. Carl D. Birman, White Plains, NY, attorney for the child.
Jane M. Bloom, Monticello, NY, for appellant.
Jacobowitz & Gubits, LLP, Walden, N.Y. (Christopher J. Cardinale of counsel), for respondent.
Carl D. Birman, White Plains, NY, attorney for the child.
LEONARD B. AUSTIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, HECTOR D. LASALLE, JJ.
DECISION & ORDERORDERED that the order is affirmed, without costs or disbursements.
The parties, who were never married, are the parents of one child, who was born in August 2014. Both parties petitioned for sole legal and physical custody of the child. After a hearing at which the parties and two other witnesses testified, the Family Court awarded the father sole legal and physical custody of the child, with parental access to the mother. The mother appeals.
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 (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ; Matter of Klein v. Theus, 143 A.D.3d 984, 985, 39 N.Y.S.3d 529 ; Matter of Gooler v. Gooler, 107 A.D.3d 712, 712, 966 N.Y.S.2d 208 ; Matter of Julie v. Wills, 73 A.D.3d 777, 777, 899 N.Y.S.2d 669 ). Further, "[a]lthough joint custody is encouraged as a voluntary alternative, it is appropriate only in cases where the parties involved are relatively stable, amicable parents who can behave in a mature, civilized fashion" ( Matter of Timothy M. v. Laura A.K., 204 A.D.2d 325, 325–326, 611 N.Y.S.2d 284 [citation and internal quotation marks omitted] ). Inasmuch as a court's custody determination is dependent in large part upon its assessment of the witnesses' credibility and upon the character, temperament, and sincerity of the parents, the court's custody determination will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Supangkat v. Torres, 101 A.D.3d 889, 890, 954 N.Y.S.2d 915 ; Matter of Reyes v. Polanco, 83 A.D.3d 849, 850, 922 N.Y.S.2d 104 ).
Here, the Family Court's determination that the child's best interests would be served by awarding sole legal and physical custody to the father has a sound and substantial basis in the record and will not be disturbed (see Matter of Murphy v. Lewis, 149 A.D.3d 748, 51 N.Y.S.3d 155 ; Matter of Goodman v. Jones, 146 A.D.3d 884, 886, 45 N.Y.S.3d 192 ; Matter of McPherson v. McPherson, 139 A.D.3d 953, 953, 30 N.Y.S.3d 705 ). Further, the court's determination as to parental access has a sound and substantial basis in the record and, therefore, will not be disturbed (see Matter of Levingart v. Levingart, 147 A.D.3d 763, 764–765, 46 N.Y.S.3d 206 ).
The mother's remaining contention is without merit.
AUSTIN, J.P., LEVENTHAL, ROMAN and LASALLE, JJ., concur.