Opinion
2011-04-5
In the Matter of David THOMAS, respondent, v. Sheri TRICE, appellant.
Larry S. Bachner, Jamaica, N.Y., for appellant. Adewole Agbayewa, Forest Hills, N.Y., for respondent.
Larry S. Bachner, Jamaica, N.Y., for appellant. Adewole Agbayewa, Forest Hills, N.Y., for respondent.
Joseph A. Fredericks, North Bellmore, N.Y., attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Queens County (McGrady, Ct.Atty.Ref.), dated December 10, 2009, as, after a hearing, granted the father's petition for sole custody of the subject child.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
Contrary to the mother's contention, the Family Court did not apply an incorrect legal standard in making its determination. As there was no prior custody order in effect at the time this proceeding commenced, the Family Court treated this as an initial custody determination and was not required to engage in a change-of-circumstances analysis ( see Matter of Quinones v. Gonzalez, 79 A.D.3d 893, 912 N.Y.S.2d 432;Matter of Louis M. v. Administration for Children's Servs., 69 A.D.3d 633, 892 N.Y.S.2d 488;Matter of Jiminez v. Jiminez, 301 A.D.2d 971, 754 N.Y.S.2d 702;see also Matter of Neail v. Deshane, 19 A.D.3d 758, 796 N.Y.S.2d 435).
On the merits, the Family 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, 451 N.Y.S.2d 658, 436 N.E.2d 1260). Moreover, inasmuch as custody determinations depend in large part on an assessment of the character and credibility of the parties and witnesses, the Family Court's findings will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Andrews v. Mouzon, 80 A.D.3d 761, 915 N.Y.S.2d 604). The Family Court's determination that the child's best interests would be served by awarding sole custody to the father has a sound and substantial basis in the record.