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IN RE: Edwin J. PEREZ, respondent, v. Wendy Y. MARTINEZ, appellant.
In a child custody proceeding pursuant to article 6 of the Family Court Act, the mother appeals from an order of the Family Court, Suffolk County (Kelly, J.), dated February 16, 2007, which, after a hearing, granted the petition and awarded sole legal and residential custody to the father.
ORDERED that the order is affirmed, without costs or disbursements.
In adjudicating custody issues, the paramount concern is the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 94, 447 N.Y.S.2d 893, 432 N.E.2d 765). The Family Court's determination in a custody dispute is generally accorded great deference on appeal and should not be disturbed unless it lacks a sound and substantial basis in the record, as it is based upon a first-hand assessment of the parties, their credibility, character, and temperament (see Eschbach v. Eschbach, 56 N.Y.2d at 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Matter of Panetta v. Ruddy, 18 A.D.3d 662, 795 N.Y.S.2d 674).
Contrary to the mother's contentions, the Family Court properly considered the totality of the circumstances in determining that the best interests of the child would be served by awarding custody to the father, with liberal visitation granted to her (see Eschbach v. Eschbach, 56 N.Y.2d at 174, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Friederwitzer v. Friederwitzer, 55 N.Y.2d at 93-95, 447 N.Y.S.2d 893, 432 N.E.2d 765; Matter of Garcia v. Perez, 48 A.D.3d 812, 853 N.Y.S.2d 141; Vinciguerra v. Vinciguerra, 294 A.D.2d 565, 566, 743 N.Y.S.2d 139). That determination is supported by the record, including the testimony of the parties. Since the Family Court's determination has a sound and substantial basis in the record, it will not be disturbed (see Matter of Garcia v. Perez, 48 A.D.3d 812, 853 N.Y.S.2d 141; Matter of Perez v. Montanez, 31 A.D.3d 565, 817 N.Y.S.2d 677).
The mother's remaining contentions are without merit.
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Decided: June 03, 2008
Court: Supreme Court, Appellate Division, Second 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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