Opinion
2013-11379
11-05-2014
In the Matter of Craig MONDSCHEIN, respondent, v. Elizabeth MONDSCHEIN, appellant.
Joseph R. Miano, White Plains, N.Y., for appellant. Ross M. Abelow, New York, N.Y., for respondent. Michele L. Bermel, Chappaqua, N.Y., attorney for the children.
Joseph R. Miano, White Plains, N.Y., for appellant.
Ross M. Abelow, New York, N.Y., for respondent.
Michele L. Bermel, Chappaqua, N.Y., attorney for the children.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.
Opinion In related custody proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Westchester County (Klein, J.), entered December 20, 2013, which, after a hearing, granted the father's petition to modify the custody provisions set forth in a stipulation of settlement, which was incorporated but not merged into the parties' judgment of divorce dated April 14, 2011, so as to, inter alia, award him sole legal and physical custody of the parties' two younger children, with supervised visitation to the mother.
ORDERED that the order entered December 20, 2013, is affirmed, with costs.
A modification of an existing court-sanctioned custody arrangement should be allowed “ ‘only upon a showing of a sufficient change in circumstances demonstrating a real need for a change of custody in order to insure the child's best interests' ” (Matter of Dorsa v. Dorsa, 90 A.D.3d 1046, 1046, 935 N.Y.S.2d 343, quoting Matter of Nava v. Kinsler, 85 A.D.3d 1186, 1186, 926 N.Y.S.2d 310 ). The best interests of the child must be determined by a review of the totality of the circumstances (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171–172, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). Since custody determinations “necessarily depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded the [Family] [C]ourt's findings. Therefore, its findings should not be set aside unless they lack a sound and substantial basis in the record” (Matter of Diaz v. Garcia, 119 A.D.3d 682, 988 N.Y.S.2d 899 [internal quotation marks omitted]; see Matter of Lawlor v. Eder, 106 A.D.3d 739, 740, 966 N.Y.S.2d 92 ; Matter of Tori v. Tori, 103 A.D.3d 654, 655, 958 N.Y.S.2d 510 ).
Here, contrary to the mother's contention, the Family Court properly considered the totality of the circumstances, and its determination that there had been a sufficient change in circumstances requiring a change in custody to protect the best interests of the parties' two younger children is supported by the record, including the hearing testimony and the recommendation of the court-appointed forensic evaluator. Since the Family Court's determination has a sound and substantial basis in the record, it will not be disturbed on appeal.
The mother's remaining contention is without merit.