Opinion
August 23, 1999.
Appeal from the Family Court, Richmond County (Richardson, J.).
Ordered that the order is modified by deleting the sixth decretal paragraph thereof; as so modified, the order is affirmed insofar as appealed from, with costs to the respondent, and the matter is remitted to the Family Court, Richmond County, for a hearing to establish a visitation schedule.
The record provides a sound and substantial basis for the determination of the Family Court to grant custody of the parties' child to the mother, and permit the mother to relocate to Florida with the child ( see, Eschbach v. Eschbach, 56 N.Y.2d 167). Although both parties appear to be capable and loving parents, we find that it is in the best interests of the child for the mother to have sole custody and to relocate to Florida ( see, Eschbach v. Eschbach, supra; Matter of Tropea v. Tropea, 87 N.Y.2d 727).
However, under the circumstances of this case, we remit the matter to the Family Court, Richmond County, for a hearing to establish a visitation schedule.
Joy, J. P., Krausman, H. Miller and Feuerstein, JJ., concur.