Garcia v. Becerra
Opinion of the Court
The primary consideration in any custody dispute is the best
The Family Court’s determination that the best interests of the child would be served by an award of custody to the mother was supported by a sound and substantial basis in the record and should not be disturbed (see Eschbach v Eschbach, 56 NY2d at 174; Matter of Brian S. v Stephanie, P., 34 AD3d at 686).
“When reviewing a custodial parent’s request to relocate, the court’s primary focus must be on the best interests of the child” (Matter of Giraldo v Gomez, 49 AD3d 645, 645 [2008]; see Matter of Said v Said, 61 AD3d 879, 881 [2009]). The Family Court, upon weighing the appropriate factors set forth in Matter of Tropea v Tropea (87 NY2d 727, 740-741 [1996]), properly determined that relocation was in the child’s best interests.
The father’s remaining contentions are without merit. Mastro, J.P., Florio, Balkin and Leventhal, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.