Opinion
2002-02718
Argued April 29, 2003.
May 19, 2003.
In a child custody proceeding pursuant to Family Court Act article 6 and related proceedings, the mother appeals, as limited by her brief, from stated portions of an order of the Family Court, Rockland County (Garvey, J.), entered February 21, 2002, which, inter alia, after a hearing, awarded custody of the parties' child to the father and directed her to undergo therapy.
Raoul Lionel Felder, P.C., New York, N.Y. (Louis S. Labert of counsel), for appellant.
Jacqueline Sands, New City, N.Y., Law Guardian for the child.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
In adjudicating custody issues, the most important factor for the court to consider is the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167), which requires an evaluation of the "totality of the circumstances" (Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95). Since the Family Court's custody determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination should not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946; Matter of Coakley v. Goins, 240 A.D.2d 573; Matter of Coyne v. Coyne, 150 A.D.2d 573; Skolnick v. Skolnick, 142 A.D.2d 570).
The Family Court's award of custody to the father has a sound and substantial basis in the record. The record demonstrates that the children have been doing well in the care of the father since he obtained temporary custody in January 2001, and the Law Guardian as well as the court-appointed forensic expert recommended that the father retain custody (see Matter of Coakley v. Goins, supra). The mother has defied the legal process by violating prior court orders (see Matter of Robert T.F. v. Rosemary F., 148 A.D.2d 449; Daghir v. Daghir, 82 A.D.2d 191, 194, affd 56 N.Y.2d 938), and isolated the children from their father when they were in her custody. The record further demonstrates that the father is the parent who is more likely to assure meaningful contact between the children and the noncustodial parent (see Raybin v. Raybin, 205 A.D.2d 918, 921; O'Connor v. O'Connor, 146 A.D.2d 909, 910; Lohmiller v. Lohmiller, 140 A.D.2d 497, 498).
Under these circumstances, we decline to disturb the Family Court's custody award.
The mother's remaining contentions are without merit.
S. MILLER, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.