Opinion
CAF 03-01061.
Decided April 30, 2004.
Appeal from an order of the Family Court, Allegany County (Lynn L. Hartley, J.H.O.), entered April 23, 2003 in a proceeding pursuant to Family Ct Act article 6. The order granted the parties joint custody of their child.
CONSEDINE, CARR SAGLIMBEN, LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR PETITIONER-APPELLANT.
DAVID C. BRAUTIGAM, LAW GUARDIAN, HOUGHTON, FOR BRENDON S.
Before: PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner contends that Family Court erred in awarding the parties joint custody of their son, given the nature of her relationship with respondent ( see generally Braiman v. Braiman, 44 N.Y.2d 584, 589-590). We reject that contention. The court's award of joint custody hinged upon an assessment of the credibility and character of the parties based on their testimony at the custody hearing, and the record establishes that the court weighed and considered the appropriate factors, including the recommendations of the court-appointed psychologist and Law Guardian that the parties have joint custody. The court determined that the parties are not "so embattled and embittered as to effectively preclude joint decisionmaking" ( Matter of Fedun v. Fedun, 227 A.D.2d 688, 688), and its determination "must be accorded great weight" ( Matter of Paul C. v. Tracy C., 209 A.D.2d 955, 956).