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IN RE: Mary McCOY, appellant, v. Charles McCOY, respondent (and related proceedings).
In related proceedings pursuant to Family Court Act articles 6 and 8, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Rockland County (Christopher, J.), dated January 3, 2006, as, after a hearing, awarded sole custody of the parties' child to the father.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
In determining matters of custody, the paramount consideration 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). Where, as here, the Family Court has conducted a complete evidentiary hearing, as well as an in camera interview with the child, its findings must be accorded great weight (see Matter of Brass v. Otero, 40 A.D.3d 752, 835 N.Y.S.2d 675), and its determination should not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Plaza v. Plaza, 305 A.D.2d 607, 759 N.Y.S.2d 368). Although the recommendations of court-appointed experts are entitled to some weight, the court is not required to follow them (see Matter of Taylor v. Lumba, 309 A.D.2d 941, 942, 766 N.Y.S.2d 373; Forzano v. Scuderi, 224 A.D.2d 385, 386, 637 N.Y.S.2d 767).
Here, upon finding that joint custody was inappropriate in light of the substantial antagonism and hostility between the parties (see Matter of Fishburne v. Teelucksingh, 34 A.D.3d 804, 805, 828 N.Y.S.2d 70), and despite the contrary recommendation of the court-appointed forensic evaluator, the Family Court determined that the best interests of the child would be served by an award of sole legal and physical custody to the father. Upon our independent review of the record, we find that there was a sound and substantial basis for the court's determination (see Eschbach v. Eschbach, supra; Matter of McIver-Heyward v. Heyward, 25 A.D.3d 556, 806 N.Y.S.2d 428).
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Decided: August 21, 2007
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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