Opinion
10-31-2017
In re FELICIA S. A., Petitioner–Appellant, v. GARY C., Respondent–Respondent. In re Gary C., Petitioner–Respondent, v. Felicia S. A., Respondent–Appellant.
Law Office of Dewette C. Aughtry, Brooklyn, for appellant. Law Office of Ursula A. Gangemi, P.C., Brooklyn (Ursula A. Gangemi of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for children.
Law Office of Dewette C. Aughtry, Brooklyn, for appellant.
Law Office of Ursula A. Gangemi, P.C., Brooklyn (Ursula A. Gangemi of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for children.
Order, Family Court, New York County (Christopher W. Coffey, Referee), entered on or about June 6, 2016, which granted the petitions in part, and awarded joint legal and physical custody of the children to the parties, unanimously affirmed, without costs.
The record does not support the mother's contention that there was a prior custody arrangement in place, and thus the court's paramount consideration is the "ultimate best interest" of the children as opposed to whether there has been a change in circumstances ( Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 94, 447 N.Y.S.2d 893, 432 N.E.2d 765 [1982] ). The Family Court's finding that it was in the children's best interest to award joint legal and physical custody to the parties was amply supported.
The parties appear equally well-suited to provide for the children's needs, have conducted themselves civilly and have generally set aside their personal feelings for the sake of the children (Matter of Victoria H. [Tetsuhito A.], 110 A.D.3d 636, 636–637, 974 N.Y.S.2d 56 [1st Dept.2013] ). The parties have been able to resolve their custody and visitation disputes despite their failure to communicate directly (Matter of Johanys M. v. Eddy A., 115 A.D.3d 460, 461, 982 N.Y.S.2d 30 [1st Dept.2014] ).
RICHTER, J.P., WEBBER, KERN, MOULTON, JJ., concur.