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IN RE: F. Z., Petitioner–Appellant, v. J. R., Respondent–Respondent.
Order, Family Court, New York County (Jacob K. Maeroff, R.), entered on or about August 12, 2025, which, among other things, awarded respondent mother sole legal and primary physical custody of the subject child with visitation to petitioner father, unanimously affirmed, without costs.
Family Court's determination that the child's best interests would be served by granting the mother sole custody with visitation to the father has a sound and substantial basis in the record (see Matter of Deanna V. v. Michael C., 179 A.D.3d 445, 446, 117 N.Y.S.3d 189 [1st Dept 2020]; see Matter of China S. [Tonia J.—Levon S.], 77 A.D.3d 568, 568, 912 N.Y.S.2d 1 [1st Dept 2010] ). The record reflects that the child has been living primarily with the mother since the child was two years old (see Cicale v. Cicale, 231 A.D.3d 705, 706, 219 N.Y.S.3d 397 [2d Dept 2024] ), and she has been the child's primary caretaker since 2020. Furthermore, she manages the child's school-related needs and medical appointments and has expressed her intent to maintain the child's relationship with the father (see Matter of Stephanie C. v. Ricardo E., 231 A.D.3d 663, 664, 219 N.Y.S.3d 329 [1st Dept 2024]; see also Matter of David C. v. Laniece J., 102 A.D.3d 542, 543, 958 N.Y.S.2d 145 [1st Dept 2013] ). The testimony also established that the mother provided a stable and nurturing home for the child, while the father exhibited volatile and sometimes inappropriate behavior toward the mother and admitted to drawing a knife on the mother's fiancé in front of the child. The court had the benefit of a full evidentiary hearing at which it had the opportunity to hear the testimony of both parents and their respective witnesses, as well as interview the child in camera, and there is no basis to disturb its decision (see Matter of Ricardo S. v. Carron C., 91 A.D.3d 556, 556, 937 N.Y.S.2d 54 [1st Dept 2012]; Matter of Nelissa O. v. Danny C., 70 A.D.3d 572, 572, 894 N.Y.S.2d 431 [1st Dept 2010] ).
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Docket No: 7041
Decided: July 09, 2026
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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