Matter of Ivory B. v. Shameccka D. B.

Summary

The Appellate Division, Second Department, affirmed an order granting the father sole custody of the child, with visitation to the mother. The court held that the Family Court's determination was supported by a sound and substantial basis in the record, including the father's provision of a stable and structured environment and the child's improved school performance while in his care.

Holdings

1. Custody and visitation determinations must be based on the child's best interests under the totality of the circumstances, including stability, the available home environments, each parent's past performance and relative fitness, the ability to foster the child's relationship with the noncustodial parent, and the child's desires.
2. An appellate court will not disturb a custody determination that has a sound and substantial basis in the record.
3. A child's expressed preference is not determinative, although it may provide some indication of the child's best interests when the child's maturity and ability to articulate preferences are demonstrated and the attorney for the child recommends that the wishes receive weight.

Questions Presented

1. Whether the Family Court properly awarded the father sole custody based on the totality of the circumstances and the child's best interests.
2. Whether the Family Court's custody determination was supported by a sound and substantial basis in the record.

Disposition

affirmed