Cordero v. Deleon

Karen P. Simmons, Brooklyn, N.Y. (Tammy Linn and Janet Neustaetter of counsel), attorney for the child.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Supreme *902 Court, Queens County (IDV Part) (Harrington, J.), dated January 10, 2011, which, upon a decision of the same court, also dated January 10, 2011, made after a hearing, awarded sole custody of the subject child to the mother.

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

In resolving custody disputes, the paramount concern is the best interests of the child ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Matter of Cavallero v. Pena, 83 A.D.3d 1062, 921 N.Y.S.2d 531). The Supreme Court's determination of custody disputes is largely dependent upon an assessment of the credibility of the parties, and those credibility determinations are generally accorded great deference on appeal. The determination should not be disturbed unless it lacks a sound substantial basis in the record ( see Matter of Duran v. Sutherland, 86 A.D.3d 539, 539, 926 N.Y.S.2d 323).

Contrary to the father's contention, the Family Court properly considered the totality of the circumstances in determining that the best interests of the child would be served by awarding sole custody to the mother ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260). The determination is supported by the record, including the testimony of the parties and the opinion of a court-appointed forensic psychologist. The determination is also consistent with the position of the attorney for the child ( see Matter of Duran v. Sutherland, 86 A.D.3d at 540, 926 N.Y.S.2d 323; Matter of Martinez v. Hyatt, 86 A.D.3d 571, 927 N.Y.S.2d 375). Since the Family Court's determination has a sound and substantial basis in the record, it will not be disturbed ( see Matter of Duran v. Sutherland, 86 A.D.3d at 540, 926 N.Y.S.2d 323).