Opinion
11262 Dkt V-4248/18 V-31416/17
03-12-2020
In re KALEEM U., Petitioner–Respondent, v. HALIMA S., Respondent–Appellant.
Geoffrey P. Berman, Larchmont, for appellant.
Geoffrey P. Berman, Larchmont, for appellant.
Friedman, J.P., Kapnick, Oing, González, JJ.
Order, Family Court, Bronx County (Tamara Schwarzman, Referee), entered on or about January 23, 2019, which, to the extent appealed from as limited by the brief, after a hearing, granted the father's petition for joint legal custody of the subject child and visitation, including overnight visits, denied respondent mother's cross-petition for sole physical and legal custody of the child, and ordered that petitioner have the final decision-making authority with respect to religious issues and that neither party shall travel outside the country with the child without the written consent of the other, unanimously affirmed, without costs.
The court's determination, based largely on credibility findings, that it is in the child's best interest to have overnight visitation with petitioner is supported by the record (see Eschbach v. Eschbach , 56 N.Y.2d 167, 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ). The determination that petitioner should have final decision-making authority with regard to major religious issues is also supported by the record, which shows that the parties ascribe to the same religious views and that respondent expressed no concerns in this regard during the hearing. In view of respondent's strong familial ties to her home country and her lack of significant family, employment or property in this country, the court also providently exercised its discretion in ordering that neither parent may travel outside the country with the child without the prior written consent of the other parent.