| Matter of Alejandro F.C. v Alexis O. |
| 2020 NY Slip Op 03737 [185 AD3d 424] |
| July 2, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Alejandro F.C., Respondent, v Alexis O., Appellant. |
Geoffrey P. Berman, Larchmont, for appellant.
Andrew J. Baer, New York, for respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Chai Park of counsel), attorney for the child.
Order, Family Court, Bronx County (Karen M.C. Cortes, J.), entered on or about June 17, 2019, which, to the extent appealed from as limited by the briefs, after a hearing, awarded petitioner father primary physical custody of the subject child, unanimously affirmed, without costs.
The award of primary physical custody of the child to petitioner father has a sound and substantial basis in the record. The court properly considered the totality of the circumstances and concluded that the best interests of the child would be served if he resided primarily with petitioner (see Eschbach v Eschbach, 56 NY2d 167, 171, 172-173 [1982]; Domestic Relations Law § 70). The record shows that the child had lived primarily with petitioner since he was three years old and that petitioner was better able than respondent mother to provide a stable environment for him and to attend to his emotional, educational, and medical needs. Concur—Manzanet-Daniels, J.P., Gische, Kern, Oing, González, JJ.