Summary
In Matter of Beyer v. Tranelli–Ashe, 195 A.D.2d 972 (4th Dept 1993), custody of the child was changed from the mother to the father as, after a trial, the Court determined that it was in the best interest of the child to make that change (see id.).
Summary of this case from Carl C. v. Elisha W.Opinion
July 16, 1993
Appeal from the Onondaga County Family Court, Bersani, J.
Present — Callahan, J.P., Green, Pine, Fallon and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order modifying a previous order insofar as it changed physical custody of the child from respondent to petitioner. After a trial, Family Court determined that the best interests of the child would be advanced by that change. The court found that respondent repeatedly, intentionally and unjustifiably denied and interfered with petitioner's visitation rights on numerous occasions and that she regularly violated court orders regarding visitation. The court further found that respondent repeatedly filed numerous reports against petitioner, accusing him of physically and sexually abusing the child. Those accusations were determined to be unfounded. The court noted that in December 1991 respondent was convicted of two counts of attempted falsely reporting an incident in the second degree in connection with those false allegations of abuse. Two months later, however, respondent filed another report of sexual abuse against petitioner that, again, was determined to be unfounded. The court concluded that respondent's behavior and actions were not in the best interests of the child and observed that the several investigations associated with those false reports of abuse were traumatic for the child.
The findings of the trial court have a sound and substantial basis in the record and the record shows that the court properly weighed the appropriate factors relevant to a determination regarding the best interests of the child (see, Eschbach v Eschbach, 56 N.Y.2d 167, 171-172; Krebsbach v. Gallagher, 181 A.D.2d 363, 364, lv denied 81 N.Y.2d 701; Matter of Garvin v Garvin, 176 A.D.2d 318, lv denied 79 N.Y.2d 752; Gugino-Toufexis v. Toufexis, 132 A.D.2d 995, 996). Under the circumstances, there is no basis to disturb those findings.