Opinion
11751 Dkt. V-27377/16 V-7551/17
07-02-2020
In re ALEJANDRO F.C., Petitioner-Respondent, v. ALEXIS O., Respondent-Appellant.
Geoffrey P. Berman, Larchmont, for appellant. Andrew J. Baer, New York, for respondent. Janet Neustaetter, The Children's Law Center, Brooklyn (Chai Park of counsel), attorney for the child.
Geoffrey P. Berman, Larchmont, for appellant.
Andrew J. Baer, New York, for respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Chai Park of counsel), attorney for the child.
Manzanet–Daniels, J.P., Gische, Kern, Oing, Gonza´lez, JJ.
Order, Family Court, Bronx County (Karen M.C. Cortes, J.), entered on or about June 17, 2019, which, to the extent appealed from as limited by the briefs, after a hearing, awarded petitioner father primary physical custody of the subject child, unanimously affirmed, without costs.
The award of primary physical custody of the child to petitioner father has a sound and substantial basis in the record. The court properly considered the totality of the circumstances and concluded that the best interests of the child would be served if he resided primarily with petitioner (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 172–173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ; Domestic Relations Law § 70 ). The record shows that the child had lived primarily with petitioner since he was three years old and that petitioner was better able than respondent mother to provide a stable environment for him and to attend to his emotional, educational, and medical needs.