| Matter of Desroches v Desroches |
| 2008 NY Slip Op 07242 [54 AD3d 1035] |
| September 30, 2008 |
| Appellate Division, Second Department |
| In the Matter of Nikki Desroches, Respondent, v BrianDesroches, Appellant. |
—[*1] Julie Gamache, New City, N.Y. (Nicole Harris of counsel), for respondent.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals froman order of the Family Court, Rockland County (Warren, J.), entered October 5, 2007, which,after a hearing, awarded custody of the parties' children to the mother.
Ordered that the order is affirmed, without costs or disbursements.
Custody matters are within the sound discretion of the Family Court, whose findings shouldbe accorded great deference on appeal since it is in the best position to evaluate the testimony,character, and sincerity of the parties. Thus, the Family Court's determination should not bedisturbed unless it lacks a sound and substantial basis in the record (see Allain v Allain,35 AD3d 513, 513-514 [2006]; Matter of Perez v Montanez, 31 AD3d 565, 565-566[2006]; Matter of Morse v Mignone, 240 AD2d 583 [1997]; Matter of Canazon vCanazon, 215 AD2d 652 [1995]). Here, the award of custody to the mother is supported by asound and substantial basis in the record which included the testimony of the parents,grandmothers, and other witnesses, and home study reports from the States of New York andFlorida.
In a child custody proceeding, the appointment of an attorney for a child is within thediscretion of the Family Court (see Family Ct Act § 249; Richard D. v WendyP., 47 NY2d 943, 944 [1979]; Matter of Fallon v Fallon, 4 AD3d 426, 427 [2004];Matter of Smith v DiFusco, 282 AD2d 753 [2001]; Matter of Walker v Tallman,256 AD2d 1021, 1022 [1998]; Matter of Farnham v Farnham, 252 AD2d 675, 677[1998]). Under the circumstances of [*2]this case, the FamilyCourt providently exercised its discretion in not appointing an attorney for the children (seeRichard D. v Wendy P., 47 NY2d 943, 944-945 [1979]).
The essential consideration in making an award of custody is the best interests of the children(see Friederwitzer v Friederwitzer, 55 NY2d 89, 95 [1982]; Mohen v Mohen, 53AD3d 471 [2008]; Matter of Perez v Martinez, 52 AD3d 518, 519 [2008]). The decisionto conduct in camera interviews to determine the best interests of the children in a custodydispute is also within the discretion of the trial court (see Matter of Lincoln v Lincoln, 24NY2d 270, 273-274 [1969]; Matter of Galanos v Galanos, 28 AD3d 554, 555 [2006];Matter of Picot v Barrett, 8 AD3d 288, 289 [2004]; Matter of Walker v Tallman,256 AD2d 1021 [1998]). Where, as here, the children were of a very young age and theparties did not request in camera interviews with them, the Family Court providently exercisedits discretion in not conducting such interviews (see Matter of Picot v Barrett, 8 AD3d288, 289 [2004]). Mastro, J.P., Skelos, Covello and Leventhal, JJ., concur.