Opinion
2021-03457 (V-05708-18 V-03338-19)
06-02-2021
In the Matter of Richard Rennie, respondent, v. Tiffany Cooks, appellant. (Proceeding No. 1) In the Matter of Tiffany Cooks, appellant, v. Richard Rennie, respondent. (Proceeding No. 2)
Jacqueline Cabrera, Jamaica, NY, for appellant. Heath J. Goldstein, Jamaica, NY, for respondent. Daniel E. Lubetsky, Jamaica, NY, attorney for the child.
Jacqueline Cabrera, Jamaica, NY, for appellant.
Heath J. Goldstein, Jamaica, NY, for respondent.
Daniel E. Lubetsky, Jamaica, NY, attorney for the child.
HECTOR D. LASALLE, P.J., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, BETSY BARROS, JJ.
DECISION & ORDER
In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Ashley Black, J.), dated July 14, 2020. The order, after a hearing, granted the father's petition for sole legal and residential custody of the parties' child and, in effect, denied the mother's cross petition for sole legal and residential custody of the child.
ORDERED that order is affirmed, without costs or disbursements.
The 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, 171; Matter of Pitkanen v Huscher, 167 A.D.3d 901, 901; Matter of Klein v Theus, 143 A.D.3d 984, 985; Matter of Gooler v Gooler, 107 A.D.3d 712, 712; Matter of Julie v Wills, 73 A.D.3d 777, 777). Inasmuch as a court's custody determination is dependent in large part upon its assessment of the witnesses' credibility and upon the character, temperament, and sincerity of the parents, the court's exercise of its discretion will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Supangkat v Torres, 101 A.D.3d 889, 890; Matter of Reyes v Polanco, 83 A.D.3d 849, 850). Here, the Family Court's determination that the child's best interests would be served by awarding sole legal and residential custody to the father has a sound and substantial basis in the record and will not be disturbed (see Matter of Murphy v Lewis, 149 A.D.3d 748, 749; Matter of Goodman v Jones, 146 A.D.3d 884, 886; Matter of McPherson v McPherson, 139 A.D.3d 953, 954).
LASALLE, P.J., CHAMBERS, DUFFY, and BARROS, JJ., concur.