Opinion
2012-12-19
In the Matter of Carolyn BACCHI, respondent, v. Dennis CLANCY, appellant.
Susan A. DeNatale, Mastic, N.Y., for appellant. Thomas W. McNally, Central Islip, N.Y., attorney for the child.
Susan A. DeNatale, Mastic, N.Y., for appellant. Thomas W. McNally, Central Islip, N.Y., attorney for the child.
PETER B. SKELOS, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, and ROBERT J. MILLER, JJ.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (Orlando, Ct.Atty.Ref.), dated September 28, 2011, which, after a hearing, granted the mother's petition to modify the custody provisions set forth in a so-ordered stipulation of settlement dated August 5, 2005, so as to, inter alia, award her sole custody of the subject child.
ORDERED that the order is affirmed, without costs or disbursements.
“ ‘A modification of an existing custody arrangement should be allowed only upon a showing of a sufficient change in circumstances demonstrating a real need for a change of custody in order to insure the child's best interests' ” ( Sano v. Sano, 98 A.D.3d 659, 659, 949 N.Y.S.2d 780, quoting Matter of Nava v. Kinsler, 85 A.D.3d 1186, 1186, 926 N.Y.S.2d 310;see Matter of Kimberly A.H. v. Perez, 99 A.D.3d 903, 952 N.Y.S.2d 270). The determination of a child's best interests requires a review of the totality of the circumstances ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260). In addition, inasmuch as custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties, the Family Court's determination should be disturbed only if it lacks a sound and substantial basis in the record ( see Eschbach v. Eschbach, 56 N.Y.2d at 173–174, 451 N.Y.S.2d 658, 436 N.E.2d 1260;Matter of Doroski v. Ashton, 99 A.D.3d 902, 952 N.Y.S.2d 259). Here, the Family Court's determination that there had been a sufficient change in circumstances requiring a change in custody has a sound and substantial basis in the record and, thus, should not be disturbed ( see Matter of Diaz v. Diaz, 97 A.D.3d 747, 747, 948 N.Y.S.2d 413).
The father's remaining contention is without merit.