IN RE: JERMAINE N. (2024)

Order, Family Court, Bronx County (Liberty Aldrich, J.), entered on or about November 16, 2023, which, inter alia, after a fact-finding hearing, awarded the parties joint legal custody of the subject children with primary physical custody to petitioner father beginning in August 2024 and a liberal parenting access schedule for respondent mother, unanimously affirmed, without costs.

The court's determination that an award of joint custody to the parents with primary physical custody to the father was in the best interest of the children is supported by 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];  Matter of David J.B. v. Monique H., 52 A.D.3d 414, 415, 861 N.Y.S.2d 330 [1st Dept. 2008]).  The record established that while both parents had the means to adequately provide for the children and were capable and loving parents, the father's home environment was better suited for the children's needs (see Matter of Victor M. v. Adriana Y., 223 A.D.3d 472, 473, 203 N.Y.S.3d 55 [1st Dept. 2024]).  The court found that the children had been exposed to instances of domestic violence and corporal punishment in the mother's home, and that the mother's blanket denial that any of those events took place was incredible.  Such determinations are entitled to great weight (see Matter of Phillip M. v. Precious B., 173 A.D.3d 434, 435, 105 N.Y.S.3d 378 [1st Dept. 2019], lv denied 33 N.Y.3d 911, 2019 WL 4068326 [2019]).

Furthermore, the court providently exercised its discretion in finding that the children's out-of-court statements, which described the same incidents of domestic violence and corporal punishment, were admissible in a custody proceeding because they were corroborated by each other's in camera testimony and the father's testimony about the mother disclosing domestic violence to him (see Matter of Carlos L. v. Eva P., 190 A.D.3d 421, 422, 139 N.Y.S.3d 54 [1st Dept. 2021], lv denied 36 N.Y.2d 907, 2021 WL 1134393 [2021];  Matter of George A. v. Josephine D., 165 A.D.3d 425, 425, 85 N.Y.S.3d 29 [1st Dept. 2018]).  It also properly considered the children's wishes and gave them the weight commensurate with their level of maturity and age (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014]).

We have considered the mother's remaining contentions and find them unavailing.