Velez v. Chandiramani

183 A.D.3d 752

121 N.Y.S.3d 678 (Mem)

In the Matter of Christina VELEZ, Appellant,

v.Dinesh CHANDIRAMANI, Respondent. (Proceeding No. 1)

In the Matter of Dinesh Chandiramani, Respondent,

v.Christina Velez, Appellant. (Proceeding No. 2)

2019–06750

Docket Nos. V-21963-17, V-22588-17

Supreme Court, Appellate Division, Second Department, New York.

Submitted - February 21, 2020

May 13, 2020

Hector L. Santiago, Kew Gardens, NY, for appellant.

Khari Peter Prescod, New York, NY, for respondent.

Lisa A. Manfro, Glen Cove, NY, attorney for the child.

WILLIAM F. MASTRO, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Emily M. Martinez, Ct. Atty. Ref.), dated May 15, 2019. The order, after a hearing, in effect, granted the father's petition for sole legal and physical custody of the parties' child, and, in effect, denied the mother's petition for sole legal and physical custody of the child.

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

The parties are the parents of one child, who was born in 2014. After cohabiting for several years, during which time the parties had physical altercations which led to the filing of family offense petitions and the issuance of at least one order of protection against the mother, the parties ceased cohabiting and both parties petitioned for sole legal and physical custody of the child. Following a hearing, the Family Court issued an order dated May 15, 2019, awarding sole legal and physical custody of the child to the father, and setting forth a schedule of parental access for the mother. The mother appeals.

The paramount concern in any custody dispute is the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). Among the factors to be considered in determining the best interests of the child are the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child's emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship with the other parent (see Matter of Golban v. Zalmanov, 178 A.D.3d 1037, 117 N.Y.S.3d 77 ; Matter of Ledbetter v. Singer, 178 A.D.3d 707, 115 N.Y.S.3d 439 ; Matter of Nieves v. Nieves, 176 A.D.3d 824, 111 N.Y.S.3d 673 ). " ‘The existence or absence of any one factor in determining custody cannot be determinative on appellate review since the court is to consider the totality of the circumstances’ " ( Matter of Nieves v. Nieves, 176 A.D.3d at 826, 111 N.Y.S.3d 673, quoting Matter of Cooper v. Nicholson, 167 A.D.3d 602, 604, 89 N.Y.S.3d 243 ; see Matter of Alonso v. Perdue, 163 A.D.3d 658, 81 N.Y.S.3d 143 ; Matter of Jackson v. Jackson, 157 A.D.3d 694, 68 N.Y.S.3d 506 ). Since 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 Family Court's credibility findings, and the court's credibility findings will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Shisgal v. Abels,...