Matter of F.Z. v. J.R.
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Opinion
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Bureau Thomas J.K. Smith, State Reporter
Matter of F.Z. v J.R.
2026 NY Slip Op 04390
July 9, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
In the Matter of F.Z., Petitioner-Appellant,
v
J.R., Respondent-Respondent.
Decided and Entered: July 09, 2026
Docket No. V-5930/23, V-3215/23|Appeal No. 7041|Case No. 2025-05508|
Before: Renwick, P.J., Kapnick, Pitt-Burke, Rosado, Hagler, JJ.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Order, Family Court, New York County (Jacob K. Maeroff, R.), entered on or about August 12, 2025, which, among other things, awarded respondent mother sole legal and primary physical custody of the subject child with visitation to petitioner father, unanimously affirmed, without costs.
Family Court's determination that the child's best interests would be served by granting the mother sole custody with visitation to the father has a sound and substantial basis in the record (see Matter of Deanna V. v Michael C., 179 AD3d 445, 446 [1st Dept 2020]; see Matter of China S. [Tonia J.—Levon S.], 77 AD3d 568, 568 [1st Dept 2010]). The record reflects that the child has been living primarily with the mother since the child was two years old (see Cicale v Cicale, 231 AD3d 705, 706 [2d Dept 2024]), and she has been the child's primary caretaker since 2020. Furthermore, she manages the child's school-related needs and medical appointments and has expressed her intent to maintain the child's relationship with the father (see Matter of Stephanie C. v Ricardo E., 231 AD3d 663, 664 [1st Dept 2024]; see also Matter of David C. v Laniece J., 102 AD3d 542, 543 [1st Dept 2013]). The testimony also established that the mother provided a stable and nurturing home for the child, while the father exhibited volatile and sometimes inappropriate behavior toward the mother and admitted to drawing a knife on the mother's fiancÉ in front of the child. The court had the benefit of a full evidentiary hearing at which it had the opportunity to hear the testimony of both parents and their respective witnesses, as well as interview the child in camera, and there is no basis to disturb its decision (see Matter of Ricardo S. v Carron C., 91 AD3d 556, 556 [1st Dept 2012]; Matter of Nelissa O. v Danny C., 70 AD3d 572, 572 [1st Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: July 9, 2026
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