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IN THE MATTER OF JAMES MAURASSE, RESPONDENT, v. MELANIE B. PRICE, APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

In determining whether to modify a custody award, the paramount issue before the court is whether the totality of the circumstances warrants a modification in the best interests of the child (see, Matter of Prete v. Prete, 193 A.D.2d 804; Matter of Sullivan v. Sullivan, 190 A.D.2d 852; Kuncman v. Kuncman, 188 A.D.2d 517; Klat v. Klat, 176 A.D.2d 922). Here, the Family Court determined that it was in the child's best interests to transfer custody to the father based on the testimony of both parents and other family members, the forensic evaluator's recommendation, and an in camera interview with the child. As there is a sound and substantial basis for the determination, it should not be disturbed (see, Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946; Matter of Laura A. K. v. Timothy M., 204 A.D.2d 325; Matter of Coyne v. Coyne, 150 A.D.2d 573). The mother's remaining contentions are without merit.

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MATTER OF MAURASSE v. PRICE
(Nov 6, 2000)