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In the Matter of TIMOTHY HOPKINS, Appellant, v. MONICA WILKERSON, Respondent

Ordered that the order is affirmed insofar as appealed from, with costs.

The record in this case provides a sound and substantial basis for the Family Court's determination ( see, Eschbach v. Eschbach, 56 N.Y.2d 167; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89). Although both parties appear to be capable and loving parents, under the circumstances of this case it is in the best interests of this child for the mother to have sole custody in Pennsylvania ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727; Eschbach v. Eschbach, supra; Friederwitzer v. Friederwitzer, supra).

The court was not required to follow the recommendations of the court-appointed experts and the Law Guardian ( see, Forzano v. Scuderi, 224 A.D.2d 385; Alanna M. v. Duncan M., 204 A.D.2d 409). Notably, both experts found the mother to be a fit parent. The expert opinions in this case were not arbitrarily disregarded ( see, Young v. Young, 212 A.D.2d 114). Rather, the court fully explained its reasons for rejecting the recommendations and its reasoning is supported by the record.

Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.

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MATTER OF HOPKINS v. WILKERSON
(Nov 2, 1998)