| Matter of Paul v Sawyer |
| 2010 NY Slip Op 07940 [78 AD3d 710] |
| November 3, 2010 |
| Appellate Division, Second Department |
| In the Matter of John Paul, Respondent, v Thalia Sawyer,Appellant. |
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In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from anorder of the Family Court, Queens County (Ebrahimoff, Ct. Atty. Ref.), dated August 25, 2009, which,after a hearing, granted the father's petition for sole custody of the child and only awarded her visitation.
Ordered that the order is affirmed, without costs or disbursements.
"Any court in considering questions of child custody must make every effort to determine 'what isfor the best interest of the child, and what will best promote its welfare and happiness' " (Eschbachv Eschbach, 56 NY2d 167, 171 [1982], quoting Domestic Relations Law § 70; see Matter of Carrasquillo v Cora, 60AD3d 852, 853 [2009]). The court must make that determination based on the totality of thecircumstances (see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96 [1982]; Matter of McDonough v McDonough, 73AD3d 1067, 1068 [2010], lv denied 15 NY3d 705 [2010]). Among the factors to beconsidered are "the quality of the home environment and the parental guidance the custodial parentprovides for the child, the ability of each parent to provide for the child's emotional and intellectualdevelopment, the financial status and ability of each parent to provide for the child, the relative fitness ofthe respective parents, and the effect an award of custody to one parent might have on the child'srelationship with the other parent" (Matter ofElliott v Felder, 69 AD3d 623 [2010]; see Eschbach v Eschbach, 56 NY2d at171-172). Moreover, inasmuch as custody determinations depend in large part "upon the hearingcourt's assessment of the credibility of the witnesses and of the character, temperament, and sincerity ofthe parties" (Nicholas T. v Christine T.,42 AD3d 526, 527 [2007]), the hearing court's finding must be accorded great weight where ithas conducted a complete evidentiary hearing (see Matter of Dwyer-Hayde v Forcier, 67 AD3d 1011 [2009]). In suchcircumstances, the hearing court's determination as to custody should not be disturbed unless it lacks asound and substantial basis in the record (see Nicholas T. v Christine T., 42 AD3d at 527).Here, contrary to the contentions of the mother and the attorney for the child, there is a sound andsubstantial basis in the record for the hearing court's determination that an award of custody to thefather was in the child's best interests (id.). Mastro, J.P., Fisher, Leventhal and Belen, JJ.,concur.