Matter of Honeywell v. Honeywell
| Decision Date | 24 April 2007 |
| Docket Number | 2005-11892. |
| Parties | In the Matter of KEITH HONEYWELL, Respondent, v. JEANETTE HONEYWELL, Appellant. (Proceeding No. 1.) In the Matter of JEANETTE HONEYWELL, Appellant, v. KEITH HONEYWELL, Respondent. (Proceeding No. 2.) |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
In determining whether a custody agreement that was incorporated into a judgment of divorce should be modified, the paramount issue before the court is whether, under the totality of the circumstances, a modification of custody is in the best interests of the child (see Cuccurullo v Cuccurullo, 21 AD3d 983, 984 [2005]; Teuschler v Teuschler, 242 AD2d 289, 290 [1997]; Kuncman v Kuncman, 188 AD2d 517, 518 [1992]). Moreover, "[o]ne of the primary responsibilities of a custodial parent is to assure meaningful contact between the children and the other parent' ... and the willingness of a parent to assure such meaningful contact between the children and the other parent is a factor to be considered in making a custody determination" (Young v Young, 212 AD2d 114, 122-123 [1995] [citation omitted]; see Cuccurullo v Cuccurullo, supra). Since any custody determination necessarily depends to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded the court's findings (see Eschbach v Eschbach, 56 NY2d 167 [1982]). The court's findings "will not be disturbed unless they lack a sound and substantial basis in the record" (Kuncman v Kuncman, supra at 518; see Cuccurullo v Cuccurullo, supra at 984).
Contrary to the mother's contentions, the Family Court's determination to modify the parties' custody agreement by awarding sole legal and physical custody to the father has a sound and substantial basis in the record. The mother's repeated and unfounded allegations of sexual abuse against the father constituted conduct so...
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