Matter of Carlos S. v. Ana S.

137 A.D.3d 700, 27 N.Y.S.3d 378

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 31, 2016
• Docket: 664
• Status: Published

Opinion

Order, Family Court, Bronx County (Sue Levy, Ref.), entered on or about June 26, 2014, which, after a fact-finding hearing, inter alia, awarded sole custody and decision-making authority with respect to the subject children to petitioner father with extensive visitation to respondent mother, unanimously affirmed, without costs.

The court’s determination has a sound and substantial basis in the record (see Matter of Ernestine L. v New York City Admin, for Children’s Servs., 71 AD3d 510 [1st Dept 2010]). Given the children’s special needs, the record amply supports the finding that the father is better equipped to oversee their care (see Matter of Xiomara M. v Robert M., 102 AD3d 581 [1st Dept 2013]). There exists no basis to disturb the credibility determinations of the Referee (see Matter of Mildred S.G. v Mark G., 62 AD3d 460 [1st Dept 2009]).

Concur—Mazzarelli, J.P., Renwick, Moskowitz, Kapnick and Kahn, JJ.