Opinion
May 9, 1995
Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).
There is no presumption in favor of either parent in awarding custody, as the sole criterion is the best interests of the child (see, Friederwitzer v Friederwitzer, 55 N.Y.2d 89). The determination of the trial court that custody be awarded to petitioner is accorded great weight based upon said court's access to the parties and professionally prepared reports and evaluation of the testimony, character and sincerity of the witnesses (Eschbach v Eschbach, 56 N.Y.2d 167, 173). The court appropriately followed the recommendation of the jointly selected, court-appointed neutral forensic expert (see, Rentschler v Rentschler, 204 A.D.2d 60, lv dismissed 84 N.Y.2d 1027). The court also properly discounted the conclusion of appellant's expert that custody by appellant was necessary to ground the biracial children in their black identity, particularly since the expert had not met petitioner or observed his home life with the children (see, Matter of Rebecca B., 204 A.D.2d 57, lv denied 84 N.Y.2d 808).
There was no showing of prejudice in deciding custody pursuant to the writ, and moreover, respondent never moved to dismiss the writ. Finally, we find the visitation schedule was not restrictive.
Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.