IN RE: Orlando RODRIGUEZ (2006)

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Ebrahimoff, R.), dated January 2, 2002, which, after a hearing, awarded custody of the parties' children to the father.

ORDERED that the order is affirmed, without costs or disbursements.

 It is well settled that custody determinations are to be made upon consideration of all relevant circumstances so as to promote the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260;  Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 447 N.Y.S.2d 893, 432 N.E.2d 765;  Matter of Riccio v. Riccio, 21 A.D.3d 1107, 803 N.Y.S.2d 603;  Miller v. Pipia, 297 A.D.2d 362, 746 N.Y.S.2d 729).   Primary among the circumstances to be considered in determining the best interests of the child are the ability to provide for the child's emotional and intellectual development, the quality of the home environment and the parental guidance provided (see Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 488 N.Y.S.2d 637, 477 N.E.2d 1091;  Matter of Caraballo v. Colon, 9 A.D.3d 459, 780 N.Y.S.2d 182;  see also Eschbach v. Eschbach, supra at 172, 451 N.Y.S.2d 658, 436 N.E.2d 1260).   A custody award is a matter within the discretion of the hearing court (see Matter of Panetta v. Ruddy, 18 A.D.3d 662, 795 N.Y.S.2d 674;  Vinciguerra v. Vinciguerra, 294 A.D.2d 565, 743 N.Y.S.2d 139), whose determination is entitled to great weight and will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of McIver-Heyward v. Heyward, 25 A.D.3d 556, 806 N.Y.S.2d 428;  Matter of Olson v. Olson, 8 A.D.3d 285, 777 N.Y.S.2d 695).

The record supports the hearing court's determination that the best interests of the children would be promoted by the award of custody to the father.   The Family Court conducted a full custody hearing at which it saw and heard the testimony of the witnesses.   The evidence demonstrated that neither parent was unfit, but that custody with the father was in the children's best interests.   That determination has a substantial basis in the record.

The mother's remaining contentions are without merit.