Opinion
14548 Dkt. No. V-12288-89/18 Case No. 2021–00606
11-04-2021
In the Matter of JOSE R., Petitioner–Respondent, v. DIOMARA L., Respondent–Appellant.
Steven N. Feinman, White Plains, for appellant. Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.
Order, Family Court, New York County (Jacob K. Maeroff, Referee), entered on or about January 27, 2021, which, after a fact-finding hearing, awarded the parties joint legal custody and primary residential custody to petitioner father, unanimously affirmed, without costs.
A sound and substantial basis exists for the Family Court's determination that an award of primary physical custody to the father is in the children's best interests. The father has been the children's primary caretaker for more than three years and has been responsible for addressing all their medical and educational needs (see Matter of Lawrence C. v. Anthea P., 79 A.D.3d 577, 579, 912 N.Y.S.2d 216 [1st Dept. 2010] ). The mother has had limited involvement in the children's development, including the development of one child with special needs, and has demonstrated little insight or concern regarding the sexual abuse of one of the children by her former boyfriend (see Matter of Alejandro F.C. v. Alexis O., 185 A.D.3d 424, 424, 124 N.Y.S.3d 785 [1st Dept. 2020] ).
We have considered the mother's remaining contentions and find them unavailing.