IN RE: Nykia L. HERRAR (2025)

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Christopher Pizzolo, Ct. Atty. Ref.), dated June 21, 2023.  The order, insofar as appealed from, after a hearing, granted the father's petition for sole legal and residential custody of the parties' child and denied the mother's petition for sole legal and residential custody of the child.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The mother and the father, who were never married, are the parents of a child who was born in 2018.  In December 2021, the father filed a petition for sole legal and residential custody of the parties' child.  Thereafter, in March 2022, the mother filed a petition for sole legal and residential custody of the child.  After a hearing, the Family Court granted the father's petition and denied the mother's petition.  The mother appeals.

“The court's paramount concern when making any custody determination is the best interests of the children as determined upon a consideration of the totality of the circumstances” (Cohen v. Cohen, 177 A.D.3d 848, 850, 114 N.Y.S.3d 458 [citations omitted];  see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260).  “In determining a child's best interest, the court must consider, among other things, (1) the parental guidance provided by the custodial parent;  (2) each parent's ability to provide for the child's emotional and intellectual development;  (3) each parent's ability to provide for the child financially;  (4) each parent's relative fitness;  and (5) the effect an award of custody to one parent might have on the child's relationship with the other parent” (Matter of Williamson v. Williamson, 182 A.D.3d 604, 605–606, 122 N.Y.S.3d 656;  see Matter of Kreischer v. Perry, 83 A.D.3d 841, 841, 924 N.Y.S.2d 794).  “Custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties, and where a full evidentiary hearing has been held on the child's best interests, the resultant findings will not be lightly set aside on appeal” (Matter of Roldan v. Nieves, 76 A.D.3d 634, 635, 905 N.Y.S.2d 772;  see Matter of Andrade v. Salvador, 160 A.D.3d 826, 827, 74 N.Y.S.3d 86).

Here, the Family Court's determination to award the father sole legal and residential custody of the child is supported by a sound and substantial basis in the record and will not be disturbed.  The record establishes, inter alia, that the father has been the child's primary caretaker since August 2021, when the mother relocated to Maryland, and that the father has a support system to care for the child.

Accordingly, the Family Court properly granted the father's petition for sole legal and residential custody of the child and denied the mother's petition for sole legal and residential custody of the child.

BARROS, J.P., GENOVESI, WAN and LOVE, JJ., concur.