IN RE DAVID C., pet-res, v. LANIECE J., res-res

9034. IN RE DAVID C., pet-res, v. LANIECE J., res-res — The Reiniger Law Firm, New York (Douglas H. Reiniger of counsel), for ap — DANIEL R. KATZ, NEW YORK, RESPONDENT PRO SE. TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (JUDITH STERN OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Christopher W. Coffey, Ref.), entered on or about December 2, 2011, which, in a proceeding brought pursuant to article 6 of the Family Court Act, granted the father's petition for a final order of custody of the subject child, awarded respondent-mother an order of visitation, and dismissed her cross petition for custody, unanimously affirmed, without costs.

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9034. IN RE DAVID C., pet-res, v. LANIECE J., res-res — The Reiniger Law Firm, New York (Douglas H. Reiniger of counsel), for ap — DANIEL R. KATZ, NEW YORK, RESPONDENT PRO SE. TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (JUDITH STERN OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Christopher W. Coffey, Ref.), entered on or about December 2, 2011, which, in a proceeding brought pursuant to article 6 of the Family Court Act, granted the father’s petition for a final order of custody of the subject child, awarded respondent-mother an order of visitation, and dismissed her cross petition for custody, unanimously affirmed, without costs.

The court’s determination awarding custody of the subject child to the father has a sound and substantial basis in the record, and there is no reason to disturb the court’s findings (see Eschbach v. Eschbach, 56 NY2d 167, 173 [1982]; Matter of Koegler v. Woodard, 96 AD3d 454, 455 [1st Dept 2012], lv dismissed 19 NY3d 1013 [2012]). The court considered all of the relevant factors and properly concluded that, although the evidence demonstrated that both parents had a strong love for the child and either would be an adequate custodian, allowing the child to remain with the father would serve the child’s best interests (see Matter of Gregory L.B. v. Magdalena G., 68 AD3d 478, 479 [1st Dept 2009]). The father was better able to provide a stable environment for the child, since he had lived in the same apartment for many years, and had been the child’s primary caregiver, with whom she resided, for almost three years after her return from foster care (see Obey v. Degling, 37 NY2d 768, 770 [1975] ["[c]ustody of children should be established on a long-term basis, wherever possible”]). In contrast, the mother had moved into her boyfriend’s apartment in efforts to avoid homelessness, and the boyfriend had an extensive criminal history and indicated that the mother’s residence in his apartment was only until she got on her feet.

IN RE DAVID C., pet-res, v. LANIECE J., res-res

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