| Matter of Cardozo v Defreitas |
| 2011 NY Slip Op 06839 [87 AD3d 1138] |
| September 27, 2011 |
| Appellate Division, Second Department |
| In the Matter of Johnson T. Cardozo, Appellant, v Daina B.Defreitas, Respondent. |
—[*1] Karl E. Bonheim, Riverhead, N.Y., for respondent. Paraskevi Zarkadas, Centereach, N.Y., Attorney for the Child.
In a child custody proceeding pursuant to article 6 of the Family Court Act, the fatherappeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County(Lechtrecker, Ct. Attorney Ref.), dated June 18, 2010, as, after a hearing, upon awarding theparties joint legal custody, awarded residential custody of the subject child to the mother.
Ordered that the order is affirmed insofar as appealed from, without costs and 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]; Matter of Riccio vRiccio, 21 AD3d 1107 [2005]). The essential consideration in making an award ofcustody is the best interests of the child (see Friederwitzer v Friederwitzer, 55 NY2d at94; Matter of McIver-Heyward vHeyward, 25 AD3d 556 [2006]). "Factors to be considered include the quality of thehome environment and the parental guidance the custodial parent provides for the child, theability of each parent to provide for the child's emotional and intellectual development, thefinancial status and ability of each parent to provide for the child, the relative fitness of therespective parents, and the effect an award of custody to one parent might have on the child'srelationship with the other parent" (Mohen v Mohen, 53 AD3d 471, 473 [2008] [internal quotationmarks omitted]).
Inasmuch as the mother was supportive of visitation, both parties are loving parents, themother is available to care for the subject child and is able to provide for the child's emotionaland intellectual development, and the mother has been the child's primary caregiver since thechild's birth, the Family Court properly awarded residential custody of the child to the mother (see Matter of Ocampo v Jimenez, 27AD3d 753, 754 [2006]; Cohen vMerems, 2 AD3d 663, 664 [2003]). Rivera, J.P., Florio, Leventhal and Roman, JJ.,concur.