Quinones v. Gonzalez
| Decision Date | 14 December 2010 |
| Citation | 79 A.D.3d 893,912 N.Y.S.2d 432 |
| Parties | In the Matter of Mindy Lee QUINONES, appellant, v. Eric GONZALEZ, respondent. |
| Court | New York Supreme Court — Appellate Division |
Anna Martin, East Moriches, N.Y., for appellant.
Joseph D. Mirabella, Mastic, N.Y., attorney for the child.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Tarantino, Jr., J.), dated March 10, 2009, which, after a hearing, denied her petition for sole custody of the parties' child and granted the father's cross petition for sole custody of the child.
ORDERED the order is affirmed, without costs or disbursements.
The court's paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in 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; Matter of Otero v. Nieves, 77 A.D.3d 756, 908 N.Y.S.2d 603; Matter of Wakefield v. Wakefield, 74 A.D.3d 1213, 902 N.Y.S.2d 421). Moreover, inasmuch as custody determinations depend in large part on an assessment of the character and credibility of the parties and witnesses, the Family Court's findings will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Garcia v. Becerra, 68 A.D.3d 864, 890 N.Y.S.2d 625; Matter of Bonilla v. Amaya, 58 A.D.3d 728, 872 N.Y.S.2d 465). The Family Court's determination that the child's best interests would be served by awarding sole custody to the father has a sound and substantial basis in the record ( see Matter of Roldan v. Nieves, 76 A.D.3d 634, 905 N.Y.S.2d 772; Matter of McDonough v. McDonough, 73 A.D.3d 1067, 1068, 899 N.Y.S.2d 892).
As there was no prior custody order in effect at the time this proceeding was commenced, the Family Court was not required to engage in a change-of-circumstances analysis ( see Matter of Louis M. v. Administration for Children's Servs., 69 A.D.3d 633, 634, 892 N.Y.S.2d 488; Matter of Khaykin v. Kanayeva, 47 A.D.3d 817, 849 N.Y.S.2d 646; Matter of Anson v. Anson, 20 A.D.3d 603, 603-604, 798 N.Y.S.2d 185; cf. Matter of Jiminez v. Jiminez, 301 A.D.2d 971, 972, 754 N.Y.S.2d 702). The temporary custody order issued during the pendency of this proceeding without the benefit of a full plenary hearing is only one factor relevant to the ultimate determination of custody ( see Matter of Bessette v. Pelton, 29 A.D.3d 1085, 1087, 814 N.Y.S.2d...
To continue reading
Request your trial
-
Newmexico v. R.G.
...See Matter of Williams v. Dowgiallo, 90 A.D.3d 942, 935 N.Y.S.2d 123 (2d Dept.2011); See also, Matter of Quinones v. Gonzalez, 79 A.D.3d 893, 912 N.Y.S.2d 432 (2d Dept.2010). When making an initial visitation determination, the court's paramount concern must be the best interests of the chi......
-
Gooler v. Gooler
...in the record and will not be disturbed ( see Matter of Gasby v. Chung, 88 A.D.3d 709, 709–710, 930 N.Y.S.2d 471;Matter of Quinones v. Gonzalez, 79 A.D.3d 893, 912 N.Y.S.2d 432). Additionally, the Supreme Court providently exercised its discretion in ordering the mother's visitation to be s......
-
In re Jaelin L.
...basis in the record (see Matter of Land–Wheatley v. Land–Wheatley, 108 A.D.3d at 674, 969 N.Y.S.2d 518 ; Matter of Quinones v. Gonzalez, 79 A.D.3d 893, 894, 912 N.Y.S.2d 432 ).The mother's contentions with regard to an interim order of custody dated March 29, 2012, are academic in light of ......
-
McDonald v. McDonald, 2013-00959
...376 [internal quotation marks omitted]; see Matter of Williams v. Dowgiallo, 90 A.D.3d 942, 935 N.Y.S.2d 123 ; Matter of Quinones v. Gonzalez, 79 A.D.3d 893, 894, 912 N.Y.S.2d 432 ). Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in det......