Opinion
13197 Dkt. No. V-16774/16 V-21343/16 Case No. 2020-03063
02-25-2021
In the Matter of KEOSHIA R., Petitioner–Appellant, v. LAMONT D., Respondent–Respondent.
Anne Reiniger, New York, for appellant. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent. Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the child.
Anne Reiniger, New York, for appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the child.
Acosta, P.J., Renwick, Singh, Mendez, JJ.
Order, Family Court, Bronx County (Ariel D. Chesler, J.), entered on or about June 29, 2020, which, after a hearing, awarded respondent father sole physical and legal custody of the subject child, and denied petitioner mother's petition for custody and permission to relocate with the child to St. Croix, unanimously affirmed, without costs.
The court's determination that the award of sole legal and physical custody to the father would serve the best interests of the child has a sound and substantial basis in the record (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982], citing Domestic Relations Law § 70 ). The child has lived with the father since 2016, and he takes care of the child's physical, emotional, educational and medical needs (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014] ). Prior to that time, the father visited the child nearly every day and shared responsibility for meeting the child's needs with the mother and maternal family.
The parties' testimony established that the father is better equipped than the mother to address the child's educational, emotional, and material needs (see Matter of David 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] ). The record also shows that the father is more willing to facilitate the child's relationship with the noncustodial parent (see e.g. Matter of Joane H. v. Felix P., 160 A.D.3d 552, 72 N.Y.S.3d 437 [1st Dept. 2018] ).
The court also properly denied the mother's request to relocate with the child to St. Croix as she failed to establish an overall educational, economic or emotional benefit to the child sufficient to outweigh the detrimental impact on the quality of the child's relationship with his father and extended family that would result from relocation (see Salena S. v. Ahmad G., 152 A.D.3d 162, 163, 58 N.Y.S.3d 35 [1st Dept. 2017] ; see also Matter of Tropea v. Tropea, 87 N.Y.2d 727, 736, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996] ). Notably, the child expressed his desire to remain in New York with his father.