Opinion
13725 Dkt. Nos. V-27327-10/15B, V-27328-10/15B Case No. 2019-04177 2020-02692
05-04-2021
In the Matter of EDDIE S., Petitioner-Appellant, v. SYLVIA S., Respondent-Respondent.
Steven P. Forbes, Jamaica, for appellant. Bruce A. Young, Brooklyn, for respondent. Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the children.
Steven P. Forbes, Jamaica, for appellant.
Bruce A. Young, Brooklyn, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the children.
Gische, J.P., Mazzarelli, Oing, Gonza´lez, JJ.
Order, Family Court, Bronx County (Aija M. Tingling, J.), entered on or about February 26, 2020, which, after a hearing, denied petitioner father's petition for modification of a prior custody agreement to grant him sole physical and legal custody of the subject children, unanimously affirmed, without costs.
A sound and substantial basis in the record supports the determination that it is in the children's best interests to remain in the custody of their mother (see Matter of Reven W. v. Jenny Virginia D., 107 A.D.3d 445, 966 N.Y.S.2d 428 [1st Dept. 2013] ). The court reached this determination after a full evidentiary hearing at which it had the opportunity to hear the testimony of the witnesses, including both parents, and separately interview the children in camera (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171–172, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ; Matter of Nelissa O. v. Danny C., 70 A.D.3d 572, 894 N.Y.S.2d 431 [1st Dept. 2010] ).
We have considered the father's remaining contentions and find them unavailing.