IN RE: Thomas J. COATES (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this custody proceeding pursuant to Family Court Act article 6, petitioner father appeals from an order awarding sole legal custody and primary physical placement of the children to respondent mother. We affirm.

Contrary to the father's assertion, this case involves an initial custody determination and thus it cannot properly be characterized as a relocation case to which the factors set forth in (Matter of Tropea v. Tropea, 87 N.Y.2d 727, 740-741, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996]) need be strictly applied (see Matter of Moore v. Kazacos, 89 A.D.3d 1546, 1546, 932 N.Y.S.2d 788 [4th Dept. 2011], lv denied 18 N.Y.3d 806, 2012 WL 446225 [2012]; Matter of Baker v. Spurgeon, 85 A.D.3d 1494, 1496, 927 N.Y.S.2d 399 [3d Dept. 2011], lv dismissed 17 N.Y.3d 897, 933 N.Y.S.2d 647, 957 N.E.2d 1150 [2011]; Matter of Schneider v. Lascher, 72 A.D.3d 1417, 1417, 899 N.Y.S.2d 479 [3d Dept. 2010], lv denied 15 N.Y.3d 708, 2010 WL 3632596 [2010]). The effect of the mother's relocation is therefore “but one factor among many” for Family Court to consider in making its custody determination (Matter of Saperston v. Holdaway, 93 A.D.3d 1271, 1272, 940 N.Y.S.2d 728 [4th Dept. 2012], appeal dismissed 19 N.Y.3d 887, 948 N.Y.S.2d 577, 971 N.E.2d 858 [2012], appeal dismissed 20 N.Y.3d 1052, 961 N.Y.S.2d 828, 985 N.E.2d 423 [2013]). The relevant issue is whether it is in the best interests of the children to reside primarily with the mother or the father (see id.; see generally Eschbach v. Eschbach, 56 N.Y.2d 167, 172-174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982]).

Contrary to the father's contention on appeal, the court's determination awarding sole legal custody and primary physical placement of the children to the mother is supported by a sound and substantial basis in the record and should not be disturbed (see Matter of Hochreiter v. Williams, 201 A.D.3d 1303, 1304, 158 N.Y.S.3d 726 [4th Dept. 2022]; Matter of Hermann v. Williams, 179 A.D.3d 1545, 1546, 118 N.Y.S.3d 877 [4th Dept. 2020]; see also Matter of Castle v. Barnes, 221 A.D.3d 1562, 1563, 200 N.Y.S.3d 242 [4th Dept. 2023], lv denied 41 N.Y.3d 901, 2024 WL 629815 [2024]).