AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of Bernard HARRY, appellant, v. Sandy HARRY, respondent. (Proceeding No. 1)In the Matter of Sandy Harry, respondent,

Tennille M. Tatum–Evans, New York, N.Y., for appellant. Cynthia Domingo Foraste, Brooklyn, N.Y., for respondent.

In related child custody proceedings pursuant to Family Court Act article 6, the father appeals from so much of an order of the Family Court, Kings County (Hepner, J.), dated April 14, 2011, as, after a hearing, denied his petition for sole custody of the subject child, and granted the mother's separate petition for sole custody of the subject child.

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

“The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child” ( Matter of Julie v. Wills, 73 A.D.3d 777, 777, 899 N.Y.S.2d 669; see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Haggerty v. Haggerty, 78 A.D.3d 998, 999, 911 N.Y.S.2d 639). “Because custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded to the trial court's findings, and such findings will not be disturbed unless they lack a sound and substantial basis in the record” ( Matter of Otero v. Nieves, 77 A.D.3d 756, 756–757, 908 N.Y.S.2d 603; see Haggerty v. Haggerty, 78 A.D.3d at 999, 911 N.Y.S.2d 639; Matter of Julie v. Wills, 73 A.D.3d at 777, 899 N.Y.S.2d 669). Here, the Family Court's award of sole custody to the mother has a sound and substantial basis in the record and will not be disturbed ( see Matter of Peoples v. Bideau, 85 A.D.3d 798, 924 N.Y.S.2d 843; Matter of Cavallero v. Pena, 83 A.D.3d 1062, 1063, 921 N.Y.S.2d 531).

FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.
Use AI to get other relevant cases.

Comments

Harry v. Harry
(Feb 21, 2012)