Danielle TT. v. Michael UU.
Opinion of the Court
The parties are the separated, but still married, parents of two children (born in 2005 and 2007). In October 2008, petitioner (hereinafter the mother) commenced a custody proceeding seeking sole custody of the children, and a family offense proceeding alleging that respondent (hereinafter the father) had committed acts constituting harassment and disorderly conduct. The father thereafter cross-petitioned for custody of the children. After extensive hearings, Family Court dismissed the family offense petition and awarded the mother sole custody of the children. The father appeals.
An initial custody determination is guided by the best interests of the children as determined by consideration of, among other things, each parent’s ability to provide a stable home environment, their ability to provide for the children’s overall well-being and their willingness to foster a relationship between the children and the noncustodial parent (see Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; Matter of Smith v Smith, 61 AD3d 1275, 1276 [2009]). This Court “accord[s] deference to Family Court’s ability to observe the witnesses and assess their credibility, and will not disturb a determination so long as it is supported by a sound and substantial basis in the record” (Matter of Rundall v Rundall, 86 AD3d at 701-702; see Matter of Siler v Wright, 64 AD3d 926, 928 [2009]).
The evidence here establishes that both the mother and the father are fit and loving parents to the children and that each parent demonstrates strengths and weaknesses. Nevertheless,
The father’s remaining contentions, including his claim that the attorney for the children was biased against him, have been reviewed and we find them to be unpersuasive.
To the extent that the father challenges Family Court’s award of sole legal custody to the mother, we reach the same conclusion based upon credible evidence of, among other things, the parties’ contentious relationship, as well as the father’s controlling and overbearing nature and his tendency to attempt to undermine the mother’s parenting (see Matter of Spiewak v Ackerman, 88 AD3d 1191, 1192 [2011]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.