IN RE: C. P. (2026)

Order, Family Court, Bronx County (Jennifer S. Burtt, Referee), entered on or about December 19, 2024, which, after a hearing, granted petitioner father's application to modify a prior custody and visitation order by granting him primary physical custody of the subject children, with visitation to respondent mother, unanimously affirmed, without costs.

The court properly found a change in circumstances (see Tsung v. Tso, 190 A.D.3d 575, 576, 139 N.Y.S.3d 64 [1st Dept. 2021] ), and there is a sound and substantial basis for the best interests determination (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 father presented evidence at the hearing which established that the children had a persistent pattern of poor hygiene and dental care while in the mother's care (see Matter of Richard I. v. Darcel I., 171 A.D.3d 619, 619, 97 N.Y.S.3d 467 [1st Dept. 2019], lv denied 33 N.Y.3d 909, 2019 WL 2588068 [2019];  Matter of Grybosky v. Riordan, 87 A.D.3d 1339, 1340, 930 N.Y.S.2d 349 [4th Dept. 2011] ).  In addition, the evidence showed that the children were late to school roughly 100 times the prior year and were absent numerous times while in the mother's care (see Matter of Farran v. Fenner, 94 A.D.3d 1116, 1117, 943 N.Y.S.2d 173 [2d Dept. 2012] ).

The father credibly testified that each child independently advised him that they witnessed domestic violence between the mother and a boyfriend, for which the mother provided no explanation and whose denials were unconvincing (see Matter of Jermaine N. v. Tatiana T., 231 A.D.3d 545, 545–546, 218 N.Y.S.3d 336 [1st Dept. 2024];  Matter of Saymone N. v. Joshua A., 202 A.D.3d 507, 508, 163 N.Y.S.3d 42 [1st Dept. 2022] ).  Family Court's credibility determinations are entitled to great weight on appeal, as it had the opportunity to observe the demeanor and body language of the parties (see Matter of Michael Y. v. Dawn S., 212 A.D.3d 493, 495, 183 N.Y.S.3d 23 [1st Dept. 2023] ).  Moreover, while not determinative, the wishes of the children to live with the father are indicative of their best interests, and the court properly considered them here (see Eschbach, 56 N.Y.2d at 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260;  Matter of Gregory D. v. Athena Q., 149 A.D.3d 542, 543, 51 N.Y.S.3d 516 [1st Dept. 2017] ).

We have considered the mother's remaining arguments and find them to be unavailing.