Matter of Diaz v. Garcia, 119 A.D.3d 682 (N.Y. App. Div. 2014). · Go Syfert
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Matter of Diaz v. Garcia, 119 A.D.3d 682 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2015–2016 · …necessarily depend ... to a great extent upon an assessment of the character and credibility of the parties and witnesses, at p. 683 ✓
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Clarke v. Wiltshire (nyappdiv, 2016-12-14)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Clarke v. Wiltshire
N.Y. App. Div. · 2016 · confidence medium
Further, since custody and visitation determinations necessarily depend to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded to the Family Court’s findings, which should not be set aside unless they lack a sound and substantial basis in the record (see Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014]; Matter of Elliott v Felder, 69 AD3d 623, 623 [2010]).
discussed Cited as authority (rule) Matter of Pierre v. Dal
N.Y. App. Div. · 2016 · confidence medium
Since custody and visitation determinations “necessarily depend ... to a great extent upon an assessment of the character and credibility of the parties and witnesses,” such determinations “should not be set aside unless they lack a sound and substantial basis in the record” (Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014], quoting Matter of Elliott v Felder, 69 AD3d 623, 623 [2010]).
discussed Cited as authority (rule) Matter of Worner v. Gavin
N.Y. App. Div. · 2015 · confidence medium
In addition, as custody determinations depend to a great extent upon the hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties, its credibility findings are accorded deference, and its custody determinations will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014]; Matter of Quintanilla v Morales, 110 AD3d at 1081-1082 ; Matter of Davis v Pignataro, 97 AD3d 677, 677-678 [2012]).
discussed Cited as authority (rule) Matter of Thomas v. Wong
N.Y. App. Div. · 2015 · confidence medium
In addition, as custody determinations depend to a great extent upon the hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties, its findings are accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014]; Matter of Quintanilla v Morales, 110 AD3d at 1081-1082 ; Matter of Davis v Pignataro, 97 AD3d 677, 677-678 [2012]).
discussed Cited as authority (rule) Matter of Lyons v. Knox
N.Y. App. Div. · 2015 · confidence medium
Since custody and visitation determinations “necessarily depend ... to a great extent upon an assessment of the character and credibility of the parties and witnesses,” such determinations “should not be set aside unless they lack a sound and substantial basis in the record” (Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014], quoting Matter of Elliott v Felder, 69 AD3d 623, 623 [2010]).
cited Cited as authority (rule) Matter of Vachaviolos v. Rosa
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the determination will not be disturbed (see Matter of Diaz v Garcia, 119 AD3d at 683).
discussed Cited "see" Matter of Pena v. Tiburcio
N.Y. App. Div. · 2018 · signal: see · confidence high
"The paramount concern when making a [physical access] determination is the best interests of the child[ ] under the totality of the circumstances" ( Matter of Irizarry v Jorawar, _____ AD3d _____, 2018 NY Slip Op 03360 [2d Dept 2018]; see Matter of Diaz v Garcia, 119 AD3d 682 ; Matter of Orellana v Orellana, 112 AD3d at 721).
In the Matter of David Diaz, Respondent,
v.
Masiel Garcia, Appellant
2013-06896.
Appellate Division of the Supreme Court of the State of New York.
Jul 9, 2014.
119 A.D.3d 682
Mastro, Chambers, Lott, Roman.
Cited by 12 opinions  |  Published

In a visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (McGrady, Ct. Atty. Ref.), dated June 24, 2013, which, after a hearing, granted the father’s petition to modify the visitation provisions of an order of the same court (Tally, J.), dated May 19, 2011, so as to award him certain unsupervised visitation with the subject child.

Ordered that the order dated June 24, 2013, is affirmed, without costs or disbursements.

A visitation order may be modified upon a showing of a sufficient change in circumstances since the entry of the prior order such that modification is warranted to further the child’s best interests (see Family Ct Act § 652; Matter of Madden v Ruskiewicz, 117 AD3d 827 [2014]; Matter of Luo v Yang, 103 AD3d 636 [2013]; Matter of Awan v Awan, 75 AD3d 597, 598 [2010]). The paramount concern when making any custody or visitation determination is the best interests of the child, under the totality of the circumstances (see Matter of Wilson v McGlinchey, 2 NY3d 375, 380-381 [2004]; Eschbach v Eschbach, [*683] 56 NY2d 167, 172 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89, 96 [1982]; Matter of Boggio v Boggio, 96 AD3d 834, 835 [2012]; Galanti v Kraus, 85 AD3d 723, 724 [2011]). “The best interests of the child generally lie in being nurtured and guided by both parents” (Matter of Ross v Morrison, 98 AD3d 515, 517 [2012]; see Matter of Zwillman v Kull, 90 AD3d 774, 775 [2011]; Matter of Jules v Corriette, 76 AD3d 1016, 1017 [2010]). Since custody and visitation determinations “necessarily depend[ ] to a great extent upon an assessment of the character and credibility of the parties and witnesses, deference is accorded the court’s findings. Therefore, its findings should not be set aside unless they lack a sound and substantial basis in the record” (Matter of Elliott v Felder, 69 AD3d 623 [2010] [citation omitted]).

Here, contrary to the mother’s contentions, the Family Court’s determination has a sound and substantial basis in the record. Thus, the determination will not be disturbed (see Matter of Holmes v Holmes, 116 AD3d 955, 956 [2014]).

Mastro, J.E, Chambers, Lott and Roman, JJ., concur.