Paul v. Sawyer
Opinion of the Court
—In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Ebrahimoff, Ct. Atty. Ref.), dated August 25, 2009, which, after a hearing, granted the father’s petition for sole custody of the child and only awarded her visitation.
Ordered that the order is affirmed, without costs or disbursements.
“Any court in considering questions of child custody must make every effort to determine ‘what is for the best interest of the child, and what will best promote its welfare and happiness’ ” (Eschbach v Eschbach, 56 NY2d 167, 171 [1982], quoting Domestic Relations Law § 70; see Matter of Carrasquillo v Cora, 60 AD3d 852, 853 [2009]). The court must make that determination based on the totality of the circumstances (see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96 [1982]; Matter of McDonough v McDonough, 73 AD3d 1067, 1068 [2010], lv denied 15 NY3d 705 [2010]). Among the factors to be considered are “the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child’s emotional and intellectual development, the financial status and ability of each par
Case-law data current through December 31, 2025. Source: CourtListener bulk data.