Opinion
2019–05458 Docket Nos. V–25359–15, V–25359–15/15A, V–25359–15/15B, V–25359–15/18C
06-10-2020
In the Matter of Tasha LETT, respondent, v. Jaquan GREEN, appellant.
Elliot Green, Brooklyn, NY, for appellant. David Schnall, Jamaica, NY, for respondent.
Elliot Green, Brooklyn, NY, for appellant.
David Schnall, Jamaica, NY, for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Josh Hanshaft, J.), dated April 12, 2019. The order, insofar as appealed from, after a hearing, granted the mother's petition for sole legal and physical custody of the parties' child.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The mother and the father, who were never married to each other, are the parents of the subject child, born in June 2015. In September 2015, the mother filed a petition pursuant to Family Court Act article 6, seeking sole legal and physical custody of the child. After a hearing, at which the father requested, among other things, joint physical custody and sole decision-making authority with respect to certain issues, the Family Court granted the mother's petition for sole legal and physical custody of the child and set forth a parental access schedule for the father. The father appeals.
The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child (see Domestic Relations Law § 70[a] ; Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95, 447 N.Y.S.2d 893, 432 N.E.2d 765 ). "Although joint custody is encouraged as a voluntary alternative, it is appropriate only in cases where the parties involved are relatively stable, amicable parents who can behave in a mature, civilized fashion. It is inappropriate, however, where the parties are antagonistic towards each other and have demonstrated an inability to cooperate on matters concerning the child" ( Matter of Timothy M. v. Laura A.K., 204 A.D.2d 325, 326, 611 N.Y.S.2d 284 [citations and internal quotation marks omitted]; see Matter of Turcios v. Cordero, 173 A.D.3d 1048, 1049, 100 N.Y.S.3d 569 ; Matter of Pitkanen v. Huscher, 167 A.D.3d 901, 901, 90 N.Y.S.3d 249 ; Matter of Toro v. Williams, 167 A.D.3d 634, 636, 89 N.Y.S.3d 228 ; Matter of Pena v. Cordero, 152 A.D.3d 697, 698, 58 N.Y.S.3d 581 ). Inasmuch as a court's custody determination is dependent in large part upon its assessment of the witnesses' credibility and upon the character, temperament, and sincerity of the parents, the court's exercise of its discretion will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Turcios v. Cordero, 173 A.D.3d at 1049, 100 N.Y.S.3d 569 ; Matter of Pitkanen v. Huscher, 167 A.D.3d at 901, 90 N.Y.S.3d 249 ; Matter of Pena v. Cordero, 152 A.D.3d at 698, 58 N.Y.S.3d 581 ). Here, the Family Court's determination that the child's best interests would be served by awarding sole legal and physical custody to the mother has a sound and substantial basis in the record and will not be disturbed.
The father's remaining contention is without merit.
MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.