| Matter of Delgado v Frias |
| 2012 NY Slip Op 01039 [92 AD3d 1245] |
| February 10, 2012 |
| Appellate Division, Fourth Department |
| In the Matter of Yasmany Delgado, Respondent, v JustinaFrias, Appellant. |
—[*1] Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), forpetitioner-respondent-respondent.
Appeal from an order of the Family Court, Monroe County (Dandrea L. Ruhlmann, J.),entered August 6, 2010 in a proceeding pursuant to Family Court Act article 6. The order, amongother things, awarded the parties joint physical and legal custody of their children and dividedtheir decision-making authority.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent-petitioner mother appeals from an order that awarded the partiesjoint physical and legal custody of their children, granted petitioner-respondent father soledecision-making authority with respect to the children's educational and extracurricular activitiesand granted the mother sole decision-making authority with respect to the children's medical andreligious interests. Contrary to the contention of the mother, Family Court properly refused toaward her primary physical custody of the children. "Both parties sought primary physicalcustody, and the court's determination that joint physical custody is in the children's best interestsis supported by a sound and substantial basis in the record and thus will not be disturbed" (Wideman v Wideman, 38 AD3d1318, 1319 [2007] [internal quotation marks omitted]). Contrary to the mother's furthercontention, given the parties' past acrimony, the court properly determined "that it wasappropriate to divide the decision-making authority with respect to the children" (id.; see Matter of Ring v Ring, 15 AD3d406, 407 [2005]). Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.