Opinion
2014-07-16
In the Matter of Ada M. JURADO, petitioner, v. Liana JURADO, respondent. (Proceeding No. 1) In the Matter of Liana Jurado, petitioner-appellant, v. Ada M. Galvez–Jurado, respondent. (Proceeding No. 2) In the Matter of Jesse Preston, petitioner-respondent, v. Liana Jurado, respondent-appellant. (Proceeding No. 3).
Gary E. Eisenberg, New City, N.Y., for petitioner-appellant in Proceeding No. 2 and respondent-appellant in Proceeding No. 3. John A. Kasinki, Newburgh, N.Y., for petitioner-respondent in Proceeding No. 3.
Gary E. Eisenberg, New City, N.Y., for petitioner-appellant in Proceeding No. 2 and respondent-appellant in Proceeding No. 3. John A. Kasinki, Newburgh, N.Y., for petitioner-respondent in Proceeding No. 3.
Jessica Bacal, Katonah, N.Y., attorney for the child.
In three related child custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Orange County (Currier Woods, J.), dated February 1, 2013, as, after a hearing, denied her petition for sole custody of the subject child and granted the father's petition for sole legal and physical custody of the subject child.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
In determining the custody arrangement that is in a child's best interests, the court must consider, among other things, the quality of the home environment, 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, and the relative fitness of the parents ( see Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947, 488 N.Y.S.2d 637, 477 N.E.2d 1091;Matter of Edwards v. Rothschild, 60 A.D.3d 675, 677, 875 N.Y.S.2d 155). “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 not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Tori v. Tori, 103 A.D.3d 654, 655, 958 N.Y.S.2d 510). Here, the Family Court's determination to award sole legal and physical custody of the subject child to the father had a sound and substantial basis in the record ( see Matter of Edwards v. Rothschild, 60 A.D.3d at 677, 875 N.Y.S.2d 155). DILLON, J.P., HALL, MILLER and HINDS–RADIX, JJ., concur.