"This means that we review only whether the record establishes an objective basis sufficient to sustain the discretionary judgment made." In the Matter of Lockaby Smith, 148 N.H. 462, 465 (2002) (quotation omitted). In Tomasko, we used the analytical framework set forth in Ireland v. Ireland, 717 A.2d 676 (Conn.
" This means that we review only whether the record establishes an objective basis sufficient to sustain the discretionary judgment made." In the Matter of Lockaby & Smith, 148 N.H. 462, 465, 808 A.2d 832 (2002) (quotation omitted). Here, the trial court, after reviewing the GAL's final report, hearing testimony from witnesses, and listening to the parties and reading their written submissions, found that the father had established that a relocation to Florida was not in the children's best interests.
"Although visitation by [a] non-custodial parent is an important right, it is one that must yield to the greatest good of the child." In the Matter of Lockaby &Smith, 148 N.H. 462, 465, 808 A.2d 832 (2002) (quotation omitted). In making this determination, the trial court may consider, among other things, the desires of the child, the effect visitation will have on the child's emotional well-being, seeLester v. Lester, 111 N.H. 117, 119, 277 A.2d 503 (1971), and the recommendations of the GAL, Choy, 154 N.H. at ___, 919 A.2d at 807.
Our review is limited to determining whether it clearly appears that the trial court engaged in an unsustainable exercise of discretion. Fulton, 154 N.H. at ___. "This means that we review only 'whether the record establishes an objective basis sufficient to sustain the discretionary judgment made,'" In the Matter of Lockaby & Smith, 148 N.H. 462, 465, 808 A.2d 832 (2002) (quoting State v. Lambert, 147 N.H. 295, 296, 787 A.2d 175 (2001)), and we will not disturb the trial court's determination if it could reasonably be made, Matthews v. Matthews, 142 N.H. 733, 735, 708 A.2d 685 (1998).Although the father contends that the trial court engaged in an unsustainable exercise of discretion by ruling as it did, a closer examination reveals that his real contention is that the trial court was erroneously persuaded by evidence unfavorable to his position and that it was unpersuaded by other evidence favorable to his position. Choosing between contradictory testimony and evidence is the essence of judicial discretion, and there is nothing in this record constituting an unsustainable exercise of that discretion.
This means that we review the record only to determine whether it contains an objective basis to sustain the trial court's discretionary judgment. In the Matter of Lockaby & Smith, 148 N.H. 462, 465, 808 A.2d 832 (2002). "The trial court's determination in any custody case depends to a large extent upon a firsthand assessment of the credibility of witnesses, as well as the character and temperament of the parents, and the findings of the trial court are binding upon this court if supported by the evidence."