IN RE: Michael Edward Jordan (2026)

Submitted—June 11, 2026

DECISION & ORDER

Liberty Aldrich, Brooklyn, N.Y. (Rachel J. Stanton and Janet Neustaetter of counsel), attorney for the child

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Gregory L. Gliedman, J.), dated May 14, 2025.  The order, insofar as appealed from, after a hearing, granted the father's petition for sole legal and physical custody of the parties' child, denied the mother's petition for sole legal and physical custody of the child, and awarded certain parental access to the mother.

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

The parties, who were never married, have one child together, born in 2009.  In 2015, the father filed a petition seeking sole legal and physical custody of the child.  In 2017, the mother filed a petition seeking sole legal and physical custody of the child.  Following a hearing, in an order dated May 14, 2025, the Family Court, among other things, granted the father's petition for sole legal and physical custody of the child, denied the mother's petition, and awarded certain parental access to the mother.  The mother appeals.

A court deciding an initial petition for child custody must determine what is in the child's best interests (see Matter of Zacharie v. Pennicott, _ AD3d _, _, 2026 N.Y. Slip Op 03173, *2;  Matter of Cortes v. Bryant, 216 AD3d 773, 774).  Factors to be considered in determining the child's best interests include the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child's emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship with the other parent (see Matter of Zacharie v. Pennicott, _ AD3d at _, 2026 N.Y. Slip Op 03173, *2;  Matter of Cortes v. Bryant, 216 AD3d at 774).  Since the Family Court's determination with respect to custody and parental access depends to a great extent upon its assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parties, its findings are generally accorded great deference and will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Zacharie v. Pennicott, _ AD3d at _, 2026 N.Y. Slip Op 03173, *2;  Matter of Mackey v. Reaves, 246 AD3d 808, 809).

Here, contrary to the mother's contention, the Family Court's determination that it was in the best interests of the child for the father to be awarded sole legal and physical custody of the child has a sound and substantial basis in the record (see Matter of Zacharie v. Pennicott, _ AD3d at _, 2026 N.Y. Slip Op 03173, *2).

The mother's remaining contentions are either without merit or not properly before this Court.

DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court