Opinion
6314
04-19-2018
In re JOANE H., Petitioner–Respondent, v. FELIX P., Jr., Respondent–Appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Neal D. Futerfas, White Plains, for respondent. Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), and Simpson Thacher & Barrlett LLP, New York (Michael S. Carnevale of counsel), attorney for the children.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Neal D. Futerfas, White Plains, for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), and Simpson Thacher & Barrlett LLP, New York (Michael S. Carnevale of counsel), attorney for the children.
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Order, Family Court, Bronx County (Rosanna Mazzotta, Referee), entered on or about July 14, 2017, which, after a hearing, awarded sole legal and primary physical custody of the subject children to petitioner mother, unanimously affirmed, without costs.
The determination that it was in the children's best interests to be in the sole legal and primary physical custody of petitioner has a sound and substantial basis in the record, which reflects that the children are thriving in petitioner's stable home environment and that petitioner is better equipped than respondent to address their educational, emotional, and material needs (see Matter ofDavid H. v. Khalima H., 111 A.D.3d 544, 976 N.Y.S.2d 32 [1st Dept. 2013], lv dismissed 22 N.Y.3d 1149, 984 N.Y.S.2d 289, 7 N.E.3d 502 [2014] ). While respondent contends that petitioner failed to inform him about the children's progress and schooling, it is apparent from his testimony that he did not take an active interest in the children's education. The record also shows that petitioner was more willing and likely than respondent to facilitate the noncustodial parent's relationship with the children (see Matter ofDamien P.C. v. Jennifer H.S., 57 A.D.3d 295, 869 N.Y.S.2d 59 [1st Dept. 2008], lv denied 12 N.Y.3d 710, 881 N.Y.S.2d 19, 908 N.E.2d 927 [2009] ). The testimony about respondent's violent behavior is an additional factor in favor of granting custody to petitioner (see Matter ofKougne T. v. Mamadou D., 133 A.D.3d 455, 18 N.Y.S.3d 857 [1st Dept. 2015] ).
We have considered respondent's remaining contentions and find them unavailing.