Citation Numbers: 5 A.D.3d 482, 772 N.Y.S.2d 562
Filed Date: 3/8/2004
Status: Precedential
Modified Date: 11/1/2024
In a child custody proceeding 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, Queens County (Rood, R.), dated April 2, 2003, as, after a hearing, transferred custody of the child from her to the father.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Where a court has conducted a complete evidentiary hearing, its finding must be accorded great weight on appeal, and its award of custody should be allowed to stand unless it lacks a sound and substantial basis in the record (see Matter of Lynch v Acey, 281 AD2d 483 [2001]; Matter of Coakley v Goins, 240 AD2d 573 [1997]; Conti v Conti, 149 AD2d 395 [1989]). The essential consideration in making an award of custody is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167,
Here, the hearing court had the opportunity to observe the mother and the father over an extended period, received testimony from numerous individuals, including the parties and a social worker, and interviewed the child in camera. Based on the record, the hearing court weighed the appropriate factors and properly awarded custody to the father (see Matter of Canazon v Canazon, 215 AD2d 652 [1995]; Kuncman v Kuncman, 188 AD2d 517 [1992]). Smith, J.P., Goldstein, Luciano and Adams, JJ., concur.