PAUL v. BRENDA (2007)

Family Court properly granted the petition to modify the parties' existing custody arrangement by continuing joint legal custody and transferring physical custody of the parties' youngest child from respondent to petitioner, with visitation to respondent.   The court's determination that an award of physical custody to petitioner is in the best interests of the child is entitled to great deference and will not be disturbed where, as here, it has a sound and substantial basis in the record (see Matter of Vincent A.B. v. Karen T., 30 A.D.3d 1100, 1101-1102, 816 N.Y.S.2d 637, lv. denied 7 N.Y.3d 711, 823 N.Y.S.2d 770, 857 N.E.2d 65;  Matter of Thayer v. Ennis, 292 A.D.2d 824, 825, 739 N.Y.S.2d 321).   The record establishes that, while respondent may not be an unfit parent, she is less fit than petitioner and less able to provide for the child's stability and physical, educational and moral well-being (see Vincent A.B., 30 A.D.3d at 1102, 816 N.Y.S.2d 637;  Matter of Pinkerton v. Pensyl, 305 A.D.2d 1113, 1114, 757 N.Y.S.2d 921).

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

MEMORANDUM: