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In Re Ricardo S v. Carron C

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 26, 2012

IN RE RICARDO S., PETITIONER-RESPONDENT,
v.
CARRON C., RESPONDENT-APPELLANT.

Matter of Matter of Ricardo S. v Carron C.

Decided on January 26, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Catterson, Acosta, Roman, JJ.

Order, Family Court, New York County (Diane Costanzo, Referee), entered on or about February 4, 2011, which, inter alia, awarded petitioner father custody of the subject child with liberal visitation to respondent mother, unanimously affirmed, without costs.

A sound and substantial basis in the record supports the determination that it is in the child's best interests to remain in the custody of his father (see Lubit v Lubit, 65 AD3d 954, 955 [2009], lv denied 13 NY3d 716 [2010], cert denied __ US __, 130 S Ct 3362 [2010]). The court reached this determination after a full evidentiary hearing at which it had the opportunity to hear the testimony of the witnesses, including both parents, and interview the child in camera (see Eschbach v Eschbach, 56 NY2d 167, 171-172 [1982]; Matter of Nelissa O. v Danny C., 70 AD3d 572 [2010]).

The record indicates that the child has thrived in his father's custody, is healthy, receives regular medical care, continues to be a successful participant in his school's gifted and talented program, and has extensive and important bonds with his paternal relatives in New York. Moreover, although the child loves both of his parents and refuses to be forced to choose between them, the court did conclude, based upon its in camera interview, that the child would prefer to remain in New York, with extensive visitation with his mother in Jamaica. While not dispositive, the child's preference is significant, and the court's order supports what it found to be the child's preferred living arrangement (see e.g. Eschbach, 56 NY2d 173).

We have considered the mother's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 26, 2012

CLERK

20120126

© 1992-2012 VersusLaw Inc.



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