Adam MM. v. Toni NN.
| Decision Date | 08 January 2015 |
| Parties | In the Matter of ADAM MM., Respondent, v. TONI NN., Appellant. (And Another Related Proceeding.). |
| Court | New York Supreme Court — Appellate Division |
124 A.D.3d 955
1 N.Y.S.3d 454
In the Matter of ADAM MM., Respondent,
v.
TONI NN., Appellant.
(And Another Related Proceeding.).
Supreme Court, Appellate Division, Third Department, New York.
Jan. 8, 2015.
Lawrence Brown, Bridgeport, for appellant.
Marian J. Cerio, Canastota, for respondent.
Peter E. Smith, Wampsville, attorney for the child.
Before: PETERS, P.J., LAHTINEN, GARRY, ROSE and EGAN JR., JJ.
GARRY, J.
Appeal from an order of the Family Court of Madison County (McDermott, J.), entered September 29, 2013, which, among other things, granted petitioner's application, in two proceedings pursuant to Family Ct. Act article 6, for custody of the parties' child.
Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a child (born in 2011). The parties resided together briefly in a home owned by the father, and separated when the child was roughly five months of age.
Thereafter, they each commenced custody proceedings. Following a hearing, Family Court awarded sole legal and primary physical custody of the child to the father and provided the mother with two days of parenting time weekly, as well as a full weekend monthly, and established a shared holiday schedule. The mother appeals.
The primary focus of a custody determination is ascertaining what is in the best interests of the child, and what will best promote the child's welfare and happiness (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ; Matter of Grant v. Grant, 47 A.D.3d 1027, 1028, 849 N.Y.S.2d 341 [2009] ). Upon review, we defer to Family Court's assessments of credibility and factual findings in light of that court's opportunity to observe the witness testimony, and, although this Court is vested with broad authority, the determination will not be disturbed if it is supported by a sound and substantial basis in the record (see Matter of Renee J. v. Aaron J., 81 A.D.3d 1115, 1116, 917 N.Y.S.2d 368 [2011] ; Matter of Paul T. v. Ann–Marie T., 75 A.D.3d 788, 790, 904 N.Y.S.2d 585 [2010], lv. denied 15 N.Y.3d 713, 2010 WL 4628635 [2010] ; Matter of Gast v. Gast, 50 A.D.3d 1189, 1189–1190, 855 N.Y.S.2d 696 [2008] ).
Here, the father was employed full time as an engineer, while the mother had a history of part-time employment as a waitress;
at the time of the hearing, she was unemployed and dependent upon public assistance. The mother had attempted suicide following the parties' breakup, her driver's license was suspended as result of two prior alcohol-related...
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