Opinion
12-29-2016
Amanda KARLSSON, Plaintiff–Respondent, v. Conny KARLSSON, Defendant–Appellant.
Conny Karlsson, appellant pro se.
Conny Karlsson, appellant pro se.
Order, Supreme Court, New York County (Ellen Gesmer, J.), entered March 30, 2015, which awarded sole legal custody and primary physical custody of the parties' children to plaintiff mother, with parenting time to defendant father, unanimously affirmed, without costs.
The determination that awarding plaintiff sole legal and primary physical custody would serve the best interests of the children is supported by the record (see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ). The court thoughtfully assessed the evidence and the credibility of the witnesses (see id. at 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ), and properly considered the recommendations of the forensic evaluator (see Matter of Cisse v. Graham, 120 A.D.3d 801, 806, 991 N.Y.S.2d 465 [2d Dept.2014], affd. 26 N.Y.3d 1103, 24 N.Y.S.3d 583, 45 N.E.3d 623 [2016] ). The record shows that plaintiff is more likely to support and encourage the children's relationship with defendant than defendant is to facilitate a relationship between plaintiff and the children (see
Bliss v. Ach, 56 N.Y.2d 995, 453 N.Y.S.2d 633, 439 N.E.2d 349 [1982] ; William S. v. Tynia C., 283 A.D.2d 327, 724 N.Y.S.2d 848 [1st Dept.2001] ; Matter of Damien D.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, 2009 WL 1260207 [2009] ). The Court properly weighed the defendant's history of making claims to the police, the Administration for Children's Services and hospital personnel, that were all found to be unsubstantiated.
The court properly determined visitation and parenting time for defendant (see Matter of Thompson v. Yu–Thompson, 41 A.D.3d 487, 837 N.Y.S.2d 313 [2nd Dept.2007] ).
We have considered defendant's remaining arguments and find them unavailing.
MAZZARELLI, J.P., SWEENY, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.