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Garcia v. Becerra

68 A.D.3d 864 Court N.Y. App. Div. Decision date 2009-12-08 English

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p. 864
In the Matter of David Garcia, Appellant, v Cindy Becerra, Respondent. (Proceeding No. 1.) In the Matter of Cindy Becerra, Respondent, v David Garcia, Appellant. (Proceeding No. 2.)
[890 NYS2d 625]

The primary consideration in any custody dispute is the best

p. 865
interests of the child (see Domestic Relations Law § 70 [a]; Eschbach v Eschbach, 56 NY2d 167 , 171 [1982]). “Custody determinations depend to a very great extent upon the hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties” (Matter of Brian S. v Stephanie P., 34 AD3d 685 , 686 [2006] [citations and internal quotation marks omitted]). “Where a hearing court has conducted a complete evidentiary hearing, its finding must be accorded great weight, and its grant of custody will not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Venette v Rhodes, 301 AD2d 608 , 608 [2003]; see Eschbach v Eschbach, 56 NY2d at 173 ).

The Family Court’s determination that the best interests of the child would be served by an award of custody to the mother was supported by a sound and substantial basis in the record and should not be disturbed (see Eschbach v Eschbach, 56 NY2d at 174 ; Matter of Brian S. v Stephanie, P., 34 AD3d at 686 ).

“When reviewing a custodial parent’s request to relocate, the court’s primary focus must be on the best interests of the child” (Matter of Giraldo v Gomez, 49 AD3d 645 , 645 [2008]; see Matter of Said v Said, 61 AD3d 879 , 881 [2009]). The Family Court, upon weighing the appropriate factors set forth in Matter of Tropea v Tropea ( 87 NY2d 727 , 740-741 [1996]), properly determined that relocation was in the child’s best interests.

The father’s remaining contentions are without merit. Mastro, J.P., Florio, Balkin and Leventhal, JJ., concur.

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