| Matter of Nunn v Bagley |
| 2009 NY Slip Op 05344 [63 AD3d 1068] |
| June 23, 2009 |
| Appellate Division, Second Department |
| In the Matter of Monique Nunn, Respondent, v WayneBagley, Appellant. |
—[*1] Joanne N. Sirotkin, White Plains, N.Y., for respondent. Lurlyn Winchester, New City, N.Y., attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, aslimited by his brief, from so much of an order of the Family Court, Westchester County (Duffy,J.), entered November 8, 2007, as, after a hearing, granted that branch of the mother's petitionwhich was for sole custody of the parties' child.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
"Any court in considering questions of child custody must make every effort to determinewhat is in the best interests of the child, and what will best promote the child's welfare andhappiness" (Matter of Carrasquillo v Cora, 60 AD3d 852, 853 [2009]; see Eschbachv Eschbach, 56 NY2d 167, 171 [1982]). "Factors to be considered include the parentalguidance provided by the custodial parent, each parent's ability to provide for the child'semotional and intellectual development, each parent's ability to provide for the child financially,the relative fitness of each parent, and the effect an award of custody to one parent might have onthe child's relationship with the other parent" (Matter of Berrouet v Greaves, 35 AD3d460, 461 [2006]). A parent's criminal history may militate against an award of custody (seeMatter of Peroglu v Baez, 54 AD3d 416, 417 [2008]; Matter of Esposito v Shannon,32 AD3d 471, 474 [2006]). A court also may consider a parent's history of substance abuse(see Matter of Acosta v Acosta, 259 AD2d 747, 748 [1999]). Further, "since any custodydetermination depends to a very great extent upon the hearing court's assessment of thecredibility of the witnesses and of the character, temperament, and sincerity of the parties, itsfindings are generally accorded great respect and will not be disturbed unless they lack a soundand substantial basis in the record, or are contrary to the weight of the evidence" (Matter ofNeu v Neu, 303 AD2d 509, 510 [2003]; see Matter of Carrasquillo v Cora, 60 AD3dat 852).
Here, the evidence revealed that the father had a history of criminal conduct and substanceabuse. Additionally, the parties' child, who was 15 years old, had lived with the mother his entirelife, and the mother had provided for his financial and emotional needs. Accordingly, the FamilyCourt's [*2]determination that sole custody of the child should beawarded to the mother is supported by a sound and substantial basis in the record (see Matterof Neu v Neu, 303 AD2d at 510).
The father's remaining contentions are without merit. Mastro, J.P., Fisher, Eng and Hall, JJ.,concur.