MATTER OF CASTRO v. SANTIAGO

It is well settled that determinations as to the custody of a child are governed by the best interests of the child (Eschbach v. Eschbach, 56 N.Y.2d 167). Further, neither parent has a prima facie right to custody. (Domestic Relations Law § 240.) Here, while both had problematic pasts, the evidence credited by the trial court supports its conclusion that the mother has taken steps to remedy her problems, and can provide the more stable home for the child. Thus, it cannot be said that the trial court's determination lacked a sound and substantial basis in the record. Under these circumstances, no basis is presented to disturb the sound exercise of discretion by the Family Court (Alan G. v. Joan G., 104 A.D.2d 147).

Concur — Murphy, P.J., Carro, Rosenberger, Wallach and Ross, JJ.