Opinion
2016-10309, Docket Nos. V-1853-11, V-1854-11.
11-15-2017
In the Matter of Sholom SCHEINER, Respondent, v. Yehudit HENIG, Appellant.
Yehudit Henig, Monsey, NY, appellant pro se. Veronica Young, New City, NY, Attorney for the Children.
Yehudit Henig, Monsey, NY, appellant pro se.
Veronica Young, New City, NY, Attorney for the Children.
Appeal by the mother from an order of the Family Court, Rockland County (Rachel T. Tanguay–McGuane, J.), dated August 24, 2016. The order, after a hearing, granted the father's petition to modify the parties' stipulation of settlement so as to award him residential custody of the subject children.
ORDERED that the order is affirmed, without costs or disbursements.
" ‘Modification of an existing court-sanctioned custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child[ren]’ " (Matter of Spencer v. Killoran, 147 A.D.3d 862, 863, 46 N.Y.S.3d 658, quoting Matter of O'Shea v. Parker, 116 A.D.3d 1051, 1051, 983 N.Y.S.2d 903 ; see Matter Bullard v. Clark, 154 A.D.3d 846, 62 N.Y.S.3d 189 ; Weisberger v. Weisberger, 154 A.D.3d 41, 60 N.Y.S.3d 265 ; Matter of Nixon v. Ferrone, 153 A.D.3d 625, 60 N.Y.S.3d 256 ). The best interests of the children are determined by a review of the totality of the circumstances (see Matter of Nixon v. Ferrone, 153 A.D.3d 625, 60 N.Y.S.3d 256 ; Matter of Perez v. Brown, 150 A.D.3d 1011, 55 N.Y.S.3d 142 ). The factors to be considered in making a determination with respect to the best interests of the children include the quality of the home environment and the parental guidance the custodial parent provides for the children, the ability of each parent to provide for the children's emotional and intellectual development, the financial status and ability of each parent to provide for the children, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the children's relationship with the other parent (see Matter of Perez v. Brown, 150 A.D.3d at 1012, 55 N.Y.S.3d 142 ; Matter of Yearwood v. Yearwood, 90 A.D.3d 771, 773–774, 935 N.Y.S.2d 578 ; Matter of Elliott v. Felder, 69 A.D.3d 623, 623, 892 N.Y.S.2d 491 ). In addition to these factors, the court must "consider the stability and continuity afforded by maintaining the present arrangement" (Matter of McDonough v. McDonough, 73 A.D.3d 1067, 1068, 899 N.Y.S.2d 892 [internal quotation marks omitted]; see Matter of Perez v. Brown, 150 A.D.3d at 1012, 55 N.Y.S.3d 142 ). " ‘[I]nasmuch as custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties, the [court's] determination should be disturbed only if it lacks a sound and substantial basis in the record’ " ( Bondarev v. Bondarev, 152 A.D.3d 482, 482, 58 N.Y.S.3d 143, quoting Matter of Bacchi v. Clancy, 101 A.D.3d 993, 993, 957 N.Y.S.2d 242 ).
Here, contrary to the mother's contention, the Family Court's determination that there had been a change in circumstances requiring a transfer of residential custody to the father in order to ensure the best interests of the children had a sound and substantial basis in the record and, therefore, will not be disturbed (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173–174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ; Matter of Perez v. Brown, 150 A.D.3d at 1012, 55 N.Y.S.3d 142 ; Matter of Oyefeso v. Sully, 148 A.D.3d 710, 712, 49 N.Y.S.3d 142 ; Matter of DeVita v. DeVita, 143 A.D.3d 981, 982–983, 39 N.Y.S.3d 527 ; Matter of Rosenblatt v. Rosenblatt, 129 A.D.3d 1091, 1092–1093, 12 N.Y.S.3d 230 ).
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.