Opinion
2014-00579 (Docket Nos. V-8620-13, V-8680-13)
2015-06-24
In the Matter of Barbara FALABELLA, respondent, v. Adam BELITS, appellant.
Dillon, J.P., Dickerson, Cohen and Duffy, JJ., concur.
Marina M. Martielli, East Quogue, N.Y., for appellant. Robert C. Mitchell, Central Islip, N.Y. (Helma J. Hermans of counsel), for respondent.
Robert M. Garcia, Central Islip, N.Y., attorney for the child.
Appeal from an order of the Family Court, Suffolk County (Linda M. Boggio, Ct.Atty.Ref.), dated November 21, 2013. The order, after a hearing, granted the mother's petition for sole custody of the subject child, and denied the father's petition for sole custody of the child.
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 [internal quotation marks omitted]; see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260). Custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties, and such assessments by the Family Court should not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Picado v. Doan, 90 A.D.3d 932, 934 N.Y.S.2d 495; Matter of Manfredo v. Manfredo, 53 A.D.3d 498, 861 N.Y.S.2d 399).
Here, the Family Court's determination that the best interests of the subject child would be served by awarding sole custody to the mother is supported by a sound and substantial basis in the record, and will not be disturbed ( see Matter of Aaron W. v. Shannon W., 96 A.D.3d 960, 961, 946 N.Y.S.2d 648; Matter of Timothy M. v. Laura A.K., 204 A.D.2d 325, 326, 611 N.Y.S.2d 284).