| Matter of Sajid v Berrios-Sajid |
| 2010 NY Slip Op 04597 [73 AD3d 1186] |
| May 25, 2010 |
| Appellate Division, Second Department |
| In the Matter of Alan Sajid, Appellant, v JoannBerrios-Sajid, Respondent. |
—[*1] Joseph J. Artrip, New Windsor, N.Y., for respondent. Gary E. Eisenberg, New City, N.Y., attorney for the children.
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, Orange County (Woods, J.),entered December 12, 2008, as, after a hearing, awarded the parties joint custody of the twosubject children, with physical custody to the mother.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
There is "no prima facie right to the custody of the child in either parent" (DomesticRelations Law § 70 [a]; § 240 [1] [a]; see Friederwitzer v Friederwitzer, 55NY2d 89 [1982]). The essential consideration in any custody controversy is the best interests ofthe child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter ofDwyer-Hayde v Forcier, 67 AD3d 1011, 1011 [2009]). "Factors to be considered indetermining the child's best interests include the quality of the home environment and theparental guidance the custodial parent provides for the child, the ability of each parent to providefor the child's emotional and intellectual development, the financial status and ability of eachparent to provide for the child, the relative fitness of the respective parents, and the effect anaward of custody to one parent might have on the child's relationship with the other parent"(Matter of Elliott v Felder, 69 AD3d 623 [2010]; see Matter of Vann v Vann, 14AD3d 710 [2005]; cf. Matter of Holle v Holle, 55 AD3d 991 [2008]).
"[T]he existence or absence of any one factor cannot be determinative on appellate reviewsince the court is to consider the totality of the circumstances" (Eschbach v Eschbach, 56NY2d at 174; see Bourne v Bristow, 66 AD3d 621 [2009]). "Custody determinationsdepend to a very great extent upon the hearing court's assessment of the credibility of thewitnesses and of the character, temperament, and sincerity of the parties. Thus, where a hearingcourt has conducted a complete evidentiary hearing, its finding must be accorded great weight,and its grant of custody will not be disturbed unless it lacks a sound and substantial basis in therecord" (Matter of Dwyer-Hayde v Forcier, 67 AD3d at 1011 [internal quotation marksomitted]; see Matter of Rudolph v Armstead, 61 AD3d 979 [2009]).[*2]
Here, the Family Court conducted a full hearing in whichit observed the demeanor and heard the testimony of the parties and a court-appointed expert,and interviewed the children in camera. Based on our review of the record, the Family Courtweighed the appropriate factors and properly awarded joint legal custody of the two subjectchildren, with physical custody to the mother (see Matter of Dwyer-Hayde v Forcier, 67AD3d 1011 [2009]; Matter of Vann v Vann, 14 AD3d 710 [2005]; Cohen vMerems, 2 AD3d 663 [2003]). Mastro, J.P., Santucci, Chambers and Roman, JJ., concur.