Cretella v. Stephens

• Decision Date: 18 April 2018
• Docket Number: 2016–11388,Docket Nos. V–15466–14, V–15709–14
• Citation: 160 A.D.3d 846,74 N.Y.S.3d 84
• Parties: In the Matter of Louis CRETELLA, respondent, v. Lani STEPHENS, appellant. (Proceeding No. 1) In the Matter of Lani Stephens, appellant, v. Louis Cretella, respondent. (Proceeding No. 2)
• Court: New York Supreme Court — Appellate Division

160 A.D.3d 846
74 N.Y.S.3d 84

In the Matter of Louis CRETELLA, respondent,
v.
Lani STEPHENS, appellant. (Proceeding No. 1)

In the Matter of Lani Stephens, appellant,
v.
Louis Cretella, respondent. (Proceeding No. 2)

2016–11388
Docket Nos. V–15466–14, V–15709–14

Supreme Court, Appellate Division, Second Department, New York.

Submitted—March 20, 2018
April 18, 2018

Daniel P. Moskowitz, Jamaica, NY, for appellant.

Aiello & Cannick, Maspeth, N.Y. (Jennifer Arditi of counsel), for respondent.

Anthony Augustus, Jamaica, NY, attorney for the child.

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, BETSY BARROS, JJ.

DECISION & ORDER

74 N.Y.S.3d 85

In related child custody proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Marybeth S. Richroath, J.), dated October 19, 2016. The order, insofar as appealed from, after a fact-finding hearing, awarded the mother and the father joint legal custody of the parties' child with residential custody to the father.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties, who were never married, are the parents of a daughter born in 2012. In 2014, the parties separated and the father filed a petition seeking custody of the child. Thereafter, the mother

74 N.Y.S.3d 86

petitioned for custody. After a fact-finding hearing, the Family Court awarded the parties joint legal custody of the child with residential custody to the father. The mother appeals.

The paramount consideration in any custody dispute is the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). In determining an initial petition for child custody, the court must consider, among other things, which alternative will best promote stability for the child; the home environment with each parent; each parent's past performance, relative fitness,...