McGEE v. PATRON

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Custody determinations depend to a great extent upon the hearing court's assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties ( see Matter of Brian S. v Stephanie P., 34 AD3d 685, 686; Matter of James v Hickey, 6 AD3d 536, 537). A determination of custody should not be set aside unless it lacks a sound and substantial basis in the record ( see Eschbach v Eschbach, 56 NY2d 167). A court, in considering questions of child custody, must determine "what is for the best interest of the child" (Domestic Relations Law § 70 [a]; see Eschbach u Eschbach, 56 NY2d 167).

The hearing court may order a change in custody if the totality of the circumstances warrants a modification in the best interests of the child ( see Eschbach v Eschbach, 56 NY2d 167; Matter of Brian S. v Stephanie P., 34 AD3d 685, 686). The Family Court's determination that the best interests of the child would be served by a change of custody to the father was supported by a sound and substantial basis in the record and should not be disturbed ( see Eschbach v Eschbach, 56 NY2d 167; Matter of Timosa v Chase, 21 AD3d 1115, 1116).

The mother's remaining contention is without merit.