Opinion
September 30, 1997
Appeal from the Erie County Family Court, Rosa, J.
Present — Pine, J.P., Lawton, Hayes, Callahan and Boehm, JJ.
Family Court properly awarded custody of the parties' two children to petitioner father and directed supervised visitation with respondent mother. The court directed the change of custody from respondent to petitioner following its determination in a related neglect proceeding that respondent had neglected her children ( Matter of Nicole Q., 242 A.D.2d 915 [decided herewith]).
Between biological parents, a change of custody is determined based upon the best interests of the children ( see, Friederwitzer v. Friederwitzer, 55 N.Y.2d 89). Here, the court's decision has a "sound and substantial basis in the record" ( Matter of Van Dyck v Van Dyck, 97 A.D.2d 909).