Opinion
2002-01757
Submitted May 16, 2003.
June 16, 2003.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Freundlich, J.), entered January 14, 2002, as, after a hearing, denied her petition for custody of the parties' two children.
Gina M. Scelta, Centerport, N.Y., for appellant.
Francis P. Chery, West Babylon, N.Y., for respondent.
Richard M. Gold, Bohemia, N.Y., Law Guardian for the children.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The court's primary concern in any child custody dispute is whether, under the totality of the circumstances, a change in custody is in the best interests of the children (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171; Matter of Chebuske v. Burnhard-Vogt, 284 A.D.2d 456, 457; Matter of McCoy v. McCoy, 277 A.D.2d 384, 385). Since the hearing court is in the most advantageous position to evaluate the testimony, character, and sincerity of the parties, its determination should not be disturbed unless it lacks a sound and substantial basis in the record (see Vinciguerra v. Vinciguerra, 294 A.D.2d 565, 566; Santoro v. Santoro, 224 A.D.2d 510, 511). Here, the Family Court's determination denying the mother's petition for custody has a sound and substantial basis in the record and should not be disturbed.
ALTMAN, J.P., FLORIO, ADAMS and RIVERA, JJ., concur.