Andrews v. Mouzon, 80 A.D.3d 761 (N.Y. App. Div. 2011). · Go Syfert
Andrews v. Mouzon, 80 A.D.3d 761 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
41 citation events (41 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Gibson v. Greene (nyappdiv, 2017-07-12)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Gibson v. Greene
N.Y. App. Div. · 2017 · confidence medium
The court’s custody and visitation determination will not be disturbed unless it lacks a sound and substantial basis in the record (see id.; Matter of Andrews v Mouzon, 80 AD3d 761, 763 [2011]).
discussed Cited as authority (rule) Matter of Castillo v. Muniz
N.Y. App. Div. · 2017 · confidence medium
The court, after evaluating the testimony, interviewing the child in camera, and considering the position of the attorney for the child, determined that the child’s best interests would be served by an award of sole physical custody to the mother (see Matter of Andrews v Mouzon, 80 AD3d 761, 763 [2011]).
discussed Cited as authority (rule) Matter of Tofalli v. Sarrett
N.Y. App. Div. · 2017 · confidence medium
In addition, while a child’s expressed preference in a custody proceeding is not determinative, it is some indication of what is in the child’s best interests, particularly where, as here, the court’s interview with the sons demonstrated their level of maturity and ability to articulate their preferences (see Eschbach v Eschbach, 56 NY2d at 173 ; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of O’Connor v Dyer, 18 AD3d 757 [2005]).
discussed Cited as authority (rule) Matter of Estrada v. Palacios
N.Y. App. Div. · 2017 · confidence medium
The court, after evaluating the testimony and considering the recommendations of the forensic expert, determined that the children’s best interests would be served by awarding the mother and father joint legal custody and awarding the father residential custody (see Matter of Andrews v Mouzon, 80 AD3d 761, 763 [2011]).
discussed Cited as authority (rule) Lieberman v. Lieberman
N.Y. App. Div. · 2016 · confidence medium
Without consideration of the improperly admitted evidence, and in light of the fact that the court-appointed forensic expert’s opinion was primarily based upon direct knowledge derived from interviews of the parties and their children, there is a sound and substantial basis in the record for the court’s determination, and it should not be disturbed on appeal (see Eschbach v Eschbach, 56 NY2d at 167 ; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Francois v Hall, 73 AD3d 1055, 1055 [2010]; Lubit v Lubit, 65 AD3d 954 [2009]; Matter of Taylor v Taylor, 62 AD3d 1015 [2009]; Ma…
discussed Cited as authority (rule) Matter of Pierre v. Dal
N.Y. App. Div. · 2016 · confidence medium
“Factors to be considered include the quality of the home environment and *1023 parental guidance, the ability of each parent to provide for the child’s emotional and intellectual development, and the financial status and ability of each parent to provide for the child” (Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]).
discussed Cited as authority (rule) Matter of Quinones v. Quinones
N.Y. App. Div. · 2016 · confidence medium
“Factors to be considered include the quality of the home environment and parental guidance, the ability of each parent to provide for the child’s emotional and intellectual development, and the financial status and ability of each parent to provide for the child” (Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]).
discussed Cited as authority (rule) Matter of Oakley v. Cond-Arnold
N.Y. App. Div. · 2015 · confidence medium
Moreover, if there has been domestic violence, the court must consider the effects of such violence upon the child (see Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Julie v Wills, 73 AD3d 777 [2010]).
discussed Cited as authority (rule) Matter of Psaros v. Mitchell-Ortega
N.Y. App. Div. · 2015 · confidence medium
The court, after evaluating the testimony, considering the recommendations of a forensic expert, home studies, and the custody investigation, interviewing the child in camera, and considering the position of the attorney for the child, determined that the child’s best interests would be served by an order awarding physical custody to the father, with the parties sharing joint legal custody (see Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]).
discussed Cited as authority (rule) Bressler v. Bressler
N.Y. App. Div. · 2014 · confidence medium
The court may also consider the recommendation of a court- *660 appointed expert, and the position of the attorney for the child (see Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Edwards v Rothschild, 60 AD3d 675 [2009]; Matter of Rolon v Medina, 56 AD3d 676 [2008]).
discussed Cited as authority (rule) Howard E.I. v. Sandra I.
N.Y. App. Div. · 2013 · confidence medium
“Moreover, if domestic violence is proved, the court must consider its effects on the child” (Matter of Supangkat v Torres, 101 AD3d at 890; see Domestic Relations Law § 240 [1]; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Julie v Wills, 73 AD3d at 777 ).
discussed Cited as authority (rule) Howard E.I. v. Sandra I.
N.Y. App. Div. · 2013 · confidence medium
“Moreover, if domestic violence is proved, the court must consider its effects on the child” (Matter of Supangkat v Torres, 101 AD3d at 890; see Domestic Relations Law § 240 [1]; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Julie v Wills, 73 AD3d at 777 ).
discussed Cited as authority (rule) Supangkat v. Torres
N.Y. App. Div. · 2012 · confidence medium
Moreover, if domestic violence is proved, the court must consider its effects on the child (see Domestic Relations Law § 240 [1]; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Julie v Wills, 73 AD3d 777, 777 [2010]).
discussed Cited as authority (rule) Supangkat v. Torres
N.Y. App. Div. · 2012 · confidence medium
Moreover, if domestic violence is proved, the court must consider its effects on the child (see Domestic Relations Law § 240 [1]; Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Julie v Wills, 73 AD3d 777, 777 [2010]).
discussed Cited as authority (rule) Grusz v. Simonetti
N.Y. App. Div. · 2012 · confidence medium
Since the Family Court’s determination is “largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents” (Matter of Haimovici v Haimovici, 73 AD3d at 1058 ), “such determination should not be set aside unless it lacks a sound and substantial basis” in the record (Matter of Andrews v Mouzon, 80 AD3d 761, 763 [2011]; see Matter of Wiebke v Wiebke, 77 AD3d 964 [2010]; Koppenhoefer v Koppenhoefer, 159 AD2d 113, 116-118 [1990]).
discussed Cited as authority (rule) McNichol v. Kim
N.Y. App. Div. · 2011 · confidence medium
Further, the father is more likely than the mother to assure meaningful contact between the child and the noncustodial parent (see Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]; Matter of Dobbins v Vartabedian, 304 AD2d at 666 ).
cited Cited as authority (rule) Young v. Young
N.Y. App. Div. · 2011 · confidence medium
“The best interests of the child are determined by a review of the totality of the circumstances” (Matter of Andrews v Mouzon, 80 AD3d 761, 762 [2011]).
discussed Cited "see, e.g." Matter of Alquidamia E.R. v. Luis A.
N.Y. App. Div. · 2018 · signal: see also · confidence medium
Family Court's determination regarding the credibility of petitioner's testimony is entitled to great deference, and there is no basis to disturb its findings ( Matter of Everett C. v Oneida P. , 61 AD3d 489, 489 [1st Dept 2009]; see also Andrews v Mouzon , 80 AD3d 761, 763 [2d Dept 2011]).
Retrieving the full opinion text from the archive…
In the Matter of Anthony Andrews
v.
Kenya Mouzon
Appellate Division of the Supreme Court of the State of New York.
Jan 25, 2011.
80 A.D.3d 761
Cited by 30 opinions  |  Published

[*762] In a custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Graham, J.), dated November 9, 2009, which awarded sole custody of the subject children to the mother and only awarded him visitation from Monday at 6:00 p.m. to Wednesday at 6:00 p.m. on alternate weeks, with additional visitation upon agreement of the parties.

Ordered that the order is affirmed, without costs or disbursements.

An award of custody must be based upon the best interests of the child, and there is no prima facie right to the custody of the child in either parent (see Friederwitzer v Friederwitzer, 55 NY2d 89, 93 [1982]; Matter of Francois v Hall, 73 AD3d 1055 [2010]). In considering questions of custody, the court must make every effort to determine what is in the best interest of the child, and what will promote the child’s welfare and happiness (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]). The best interests of the child are determined by a review of the totality of the circumstances (id. at 172).

Factors to be considered include the quality of the home environment and parental guidance, the ability of each parent to provide for the child’s emotional and intellectual development, and the financial status and ability of each parent to provide for the child (id.; see Matter of Francois v Hall, 73 AD3d 1055 [2010]). The relative fitness of each parent, as well as the effect an award of custody to one parent might have on the child’s relationship with the other parent should be considered (see Matter of Francois v Hall, 73 AD3d 1055 [2010]). In addition, consideration should be given to any prior award or agreement as to custody (see Eschbach v Eschbach, 56 NY2d at 171). While not determinative, the court should consider the child’s expressed preference as an indication of what is in the child’s best interest (id. at 173). Additionally, if domestic violence is alleged, the court must consider the effects of such violence upon the child (see Matter of Julie v Wills, 73 AD3d 777 [2010]; Matter of Moreno v Cruz, 24 AD3d 780 [2005]; see also Domestic Relations Law § 240 [1]).

In making a custody determination, the court may also consider the recommendation of a court-appointed expert, and the position of the attorney for the child (see Matter of Edwards v Rothschild, 60 AD3d 675 [2009]; Matter of Rolon v Medina, 56 AD3d 676 [2008]; Matter of Turnure v Turnure, 37 AD3d 727 [2007]; Matter of Greene v Gordon, 7 AD3d 528 [2004]).

[*763] Since weighing the factors relevant to any custody determination requires an evaluation of the testimony and the sincerity of the parties involved, such an evaluation is best made by the trial court (see Eschbach v Eschbach, 56 NY2d at 173). Thus, a trial court’s determination regarding an award of custody should not be disturbed “unless it lacks a sound and substantial basis in the record” (Matter of Faunteleroy v Mercado, 5 AD3d 482, 482 [2004]). Similarly, the determination of visitation is entrusted to the sound discretion of the trial court, and such determination should not be set aside unless it lacks a sound and substantial basis (see Matter of Wiebke v Wiebke, 77 AD3d 964 [2010]; Matter of McFarland v Smith, 53 AD3d 500 [2008]).

Here, the trial court, after having had the opportunity to evaluate the testimony, consider the recommendations of a forensic expert, interview the children in camera, and consider the position of the attorney for the children, determined that the children’s best interests would be served by an order awarding sole custody of the children to the mother and visitation to the father from Monday at 6:00 p.m. to Wednesday at 6:00 p.m. on alternate weeks. That determination is supported by the record, and should not be disturbed on appeal (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Francois v Hall, 73 AD3d 1055 [2010]; Matter of Turnure v Turnure, 37 AD3d 727 [2007]; Matter of Faunteleroy v Mercado, 5 AD3d 482 [2004]). Prudenti, P.J., Angiolillo, Florio and Sgroi, JJ., concur.