Opinion
7262
10-09-2018
In re ARELI G., Petitioner–Respondent, v. ALEXIS S., Respondent–Appellant.
Leslie S. Lowenstein, Woodmere, for appellant. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Leslie S. Lowenstein, Woodmere, for appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Singh, JJ.
Order, Family Court, Bronx County (Dakota D. Ramseur, J.), entered on or about August 24, 2017, which, inter alia, awarded petitioner mother sole legal and physical custody of the subject child during the school year, unanimously affirmed, without costs.
Family Court's determination that it was in the best interest of the subject child to award sole legal and physical custody to the mother during the school year, while giving the father liberal parenting time during school vacations, has a sound and substantial basis in the record (see Margaret R.-K. v. Kenneth K. , 136 A.D.3d 530 [1st Dept. 2016] ). The court had the benefit of a full evidentiary hearing at which it had the opportunity to hear the testimony of both parents and other witnesses, and to assess their demeanor and credibility ( Eschbach v. Eschbach , 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ). It examined and weighed numerous relevant factors ( id. at 172–74, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). In light of the record, the father's contention that the court did not properly weigh his role as the child's primary caregiver is unavailing ( Friederwitzer v. Friederwitzer , 55 N.Y.2d 89, 95, 447 N.Y.S.2d 893, 432 N.E.2d 765 [1982] ).