| Matter of Reyes v Alvarado |
| 2008 NY Slip Op 04097 [50 AD3d 1152] |
| April 29, 2008 |
| Appellate Division, Second Department |
| In the Matter of Jose A. Reyes, Appellant, v Elsy A.Alvarado, Respondent. |
—[*1] Channing Kury, Commack, N.Y., for respondent. Myrka A. Gonzalez, Sayville, N.Y., attorney for the children.
In related child custody and visitation proceedings pursuant to Family Court Act article 6, thefather appeals, as limited by his brief, from so much of an order of the Family Court, SuffolkCounty (Boggio, R.), dated April 23, 2007, as denied that branch of his petition which, in effect,was for a change of custody of the parties' children from the mother to him.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
"Custody determinations are ordinarily a matter of discretion for the hearing court, whosedetermination will not be set aside on appeal unless it lacks a sound and substantial basis in therecord" (Matter of Ortiz v Maharaj,8 AD3d 574, 574 [2004]). Here, contrary to the father's contention, there was such a basisfor the Family Court's denial of that branch of his petition which, in effect, was for a change ofcustody of the parties' children to him. In determining custody, the best interests of the childrenare paramount (see Eschbach v Eschbach, 56 NY2d 167, 171-174 [1982];Friederwitzer v Friederwitzer, 55 NY2d 89, 94 [1982]) and a change should be madeonly if the totality of the circumstances warrants a modification of the existing custodyarrangement (see Eschbach v Eschbach, 56 NY2d at 171-174; Friederwitzer vFriederwitzer, 55 NY2d at 94). The evidence in the record amply supported the FamilyCourt's determination that the circumstances did not warrant a modification.[*2]
The father's remaining contention is without merit.Spolzino, J.P., Balkin, Dickerson and Belen, JJ., concur.