Matter of Agu v. Williams

Appellate Division of the Supreme Court of New York

Matter of Agu v. Williams

2017 NY Slip Op 7114, 154 A.D.3d 746, 61 N.Y.S.3d 684

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 11, 2017

Docket2016-06850

StatusPublished

This text of 2017 NY Slip Op 7114 (Matter of Agu v. Williams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Agu v. Williams, 2017 NY Slip Op 7114, 154 A.D.3d 746, 61 N.Y.S.3d 684 (N.Y. Ct. App. 2017).

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Opinion

Appeal by the mother from an order of the Family Court, Queens County (Mary R. O’Donoghue, J.), dated June 22, 2016. The order, insofar as appealed from, after a fact-finding hearing, granted the father’s petition for custody of the subject child.

Ordered that order is affirmed insofar as appealed from, 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’ ” (Matter of Gooler v Gooler, 107 AD3d 712, 712 [2013], quoting Matter of Julie v Wills, 73 AD3d 777, 777 [2010]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]). In determining an initial petition for child custody, the court must consider, among other things, “(1) which alternative will best promote stability; (2) the available home environments; (3) the past performance of each parent; (4) each parent’s relative fitness, including his or her ability to guide the child, provide for the child’s overall well being, and foster the child’s relationship with the noncustodial parent; and (5) the child’s desires” (Matter of Supangkat v Torres, 101 AD3d 889, 890 [2012]). Custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, and therefore, deference is accorded to the trial court’s findings in this regard (see Matter of Gooler v Gooler, 107 AD3d at 712). Such findings will not be disturbed unless they lack a sound and substantial basis in the record (see id,.; see also Matter of Frankiv v Kalitka, 105 AD3d 1045 [2013]).

Here, the evidence presented at the hearing established that the mother had been diagnosed by at least two mental health experts as suffering from “Psychotic Disorder NOS” and/or “Personality Disorder NOS with Paranoid and Schizotypal Features,” that the mother refused to obtain appropriate treatment for her serious mental health problems, and that these problems impaired her ability to function appropriately as a custodial parent (see Matter of Angelina L.C. [Michael C.— Patricia H.-C.], 110 AD3d 793, 796 [2013]; Matter of Berkham v Vessia, 63 AD3d 1155, 1156 [2009]; Matter of Berrouet v Greaves, 35 AD3d 460, 461 [2006]). Accordingly, the Family Court’s determination to award custody to the father, which was consistent with the opinion of the court-appointed forensic expert and the position of the attorney for the child, has a sound and substantial basis in the record and will not be disturbed.

Rivera, J.R, Roman, Maltese and LaSalle, JJ., concur.

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Appeal by the mother from an order of the Family Court, Queens County (Mary R. O’Donoghue, J.), dated June 22, 2016. The order, insofar as appealed from, after a fact-finding hearing, granted the father’s petition for custody of the subject child.

Ordered that order is affirmed insofar as appealed from, 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’ ” (Matter of Gooler v Gooler, 107 AD3d 712, 712 [2013], quoting Matter of Julie v Wills, 73 AD3d 777, 777 [2010]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]). In determining an initial petition for child custody, the court must consider, among other things, “(1) which alternative will best promote stability; (2) the available home environments; (3) the past performance of each parent; (4) each parent’s relative fitness, including his or her ability to guide the child, provide for the child’s overall well being, and foster the child’s relationship with the noncustodial parent; and (5) the child’s desires” (Matter of Supangkat v Torres, 101 AD3d 889, 890 [2012]). Custody determinations depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, and therefore, deference is accorded to the trial court’s findings in this regard (see Matter of Gooler v Gooler, 107 AD3d at 712). Such findings will not be disturbed unless they lack a sound and substantial basis in the record (see id,.; see also Matter of Frankiv v Kalitka, 105 AD3d 1045 [2013]).

Here, the evidence presented at the hearing established that the mother had been diagnosed by at least two mental health experts as suffering from “Psychotic Disorder NOS” and/or “Personality Disorder NOS with Paranoid and Schizotypal Features,” that the mother refused to obtain appropriate treatment for her serious mental health problems, and that these problems impaired her ability to function appropriately as a custodial parent (see Matter of Angelina L.C. [Michael C.— Patricia H.-C.], 110 AD3d 793, 796 [2013]; Matter of Berkham v Vessia, 63 AD3d 1155, 1156 [2009]; Matter of Berrouet v Greaves, 35 AD3d 460, 461 [2006]). Accordingly, the Family Court’s determination to award custody to the father, which was consistent with the opinion of the court-appointed forensic expert and the position of the attorney for the child, has a sound and substantial basis in the record and will not be disturbed.

Rivera, J.R, Roman, Maltese and LaSalle, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 7114, 154 A.D.3d 746, 61 N.Y.S.3d 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-agu-v-williams-nyappdiv-2017.

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