circumstances while considering certain factors in New York

2014As this Court accords great deference to the trial court’s factual findings and credibility assessments, that court’s determination will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110 [2014]; Bowman v Engelhart, 112 AD3d at 1188 ; Matter of Torkildsen v Torkildsen, 72 AD3d 1405, 1406 [2010]).

2014As this Court accords great deference to the trial court’s factual findings and credibility assessments, that court’s determination will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110 [2014]; Bowman v Engelhart, 112 AD3d at 1188 ; Matter of Torkildsen v Torkildsen, 72 AD3d 1405, 1406 [2010]).

2014To address this concern, “a court must view all of the circumstances while considering certain factors, such as the parents’ ability to provide a stable home environment for the [child], the [child’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the [child’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Bowman v Engelhart, 112 AD3d 1187, 1187 [2013] [internal quotation marks and citation omitted]).

2014To address this concern, “a court must view all of the circumstances while considering certain factors, such as the parents’ ability to provide a stable home environment for the [child], the [child’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the [child’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Bowman v Engelhart, 112 AD3d 1187, 1187 [2013] [internal quotation marks and citation omitted]).

2014As this Court accords great deference to the trial court’s factual findings and credibility assessments, that court’s determination will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110 [2014]; Bowman v Engelhart, 112 AD3d at 1188 ; Matter of Torkildsen v Torkildsen, 72 AD3d 1405, 1406 [2010]).

2014As this Court accords great deference to the trial court’s factual findings and credibility assessments, that court’s determination will not be disturbed if supported by a sound and substantial basis in the record (see Matter of Jarren S. v Shaming T., 117 AD3d 1109, 1110 [2014]; Bowman v Engelhart, 112 AD3d at 1188 ; Matter of Torkildsen v Torkildsen, 72 AD3d 1405, 1406 [2010]).

2013In assessing the children’s best interests, a court must view all of the circumstances while considering certain factors, such “as the parents’ ability to provide a stable home environment for the child[ren], the children’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the children’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; see Jeannemarie O. v Richard P., 94 AD3d at 1346 ).

2013In assessing the children’s best interests, a court must view all of the circumstances while considering certain factors, such “as the parents’ ability to provide a stable home environment for the child[ren], the children’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the children’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; see Jeannemarie O. v Richard P., 94 AD3d at 1346 ).

2013In assessing the children’s best interests, a court must view all of the circumstances while considering certain factors, such “as the parents’ ability to provide a stable home environment for the child[ren], the children’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the children’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; see Jeannemarie O. v Richard P., 94 AD3d at 1346 ).

2013In assessing the children’s best interests, a court must view all of the circumstances while considering certain factors, such “as the parents’ ability to provide a stable home environment for the child[ren], the children’s] wishes, the parents’ past performance, relative fitness, ability to guide and provide for the children’s] overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; see Jeannemarie O. v Richard P., 94 AD3d at 1346 ).

2011“In determining the children’s best interests, a court must view all of the circumstances while considering certain factors, including maintaining stability for the children, the children’s wishes, the home environment with each parent, each parent’s past performance and relative fitness, each parent’s ability to guide and provide for the children’s overall well-being and the willingness of each to foster a positive relationship between the children and the other parent” (Matter of Kilmartin v Kilmartin, 44 AD3d 1099, 1102 [2007] [citations omitted]; see Moor v Moor, 75 AD3d at 676 ).

2011“In determining the children’s best interests, a court must view all of the circumstances while considering certain factors, including maintaining stability for the children, the children’s wishes, the home environment with each parent, each parent’s past performance and relative fitness, each parent’s ability to guide and provide for the children’s overall well-being and the willingness of each to foster a positive relationship between the children and the other parent” (Matter of Kilmartin v Kilmartin, 44 AD3d 1099, 1102 [2007] [citations omitted]).

2011“In determining the children’s best interests, a court must view all of the circumstances while considering certain factors, including maintaining stability for the children, the children’s wishes, the home environment with each parent, each parent’s past performance and relative fitness, each parent’s ability to guide and provide for the children’s overall well-being and the willingness of each to foster a positive relationship between the children and the other parent” (Matter of Kilmartin v Kilmartin, 44 AD3d 1099, 1102 [2007] [citations omitted]; see Moor v Moor, 75 AD3d at 676 ).

2011Here, the evidence of the parties’ animosity toward each other, along with their inability to cooperate or communicate, amply supports Supreme Court’s conclusion that joint custody is not feasible (see Williams v Williams, 78 AD3d 1256, 1258 [2010]; Matter of Clupper v Clupper, 56 AD3d 1064 , 1065 [2008]; Matter of Kilmartin v Kilmartin, 44 AD3d at 1101 ).

2007In determining the children’s best interests, a court must view all of the circumstances while considering certain factors, including maintaining stability for the children, the children’s wishes, the home environment with each parent, each parent’s past performance and relative fitness, each parent’s ability to guide and provide for the children’s overall well-being and the willingness of each to foster a positive relationship between the children and the other parent (see id.) Matter of Smith v Miller, 4 AD3d 697, 698 [2004]).

2007Indeed, the effect of any alleged domestic violence upon the children is a factor that must be considered, among others, in custody cases (see Domestic Relations Law § 240 [1] [a]; Matter of Lopez v Robinson, 25 AD3d 1034, 1037 [2006]; see also Matter of Wissink v Wissink, 301 AD2d 36, 39 [2002]).

2007Indeed, the effect of any alleged domestic violence upon the children is a factor that must be considered, among others, in custody cases (see Domestic Relations Law § 240 [1] [a]; Matter of Lopez v Robinson, 25 AD3d 1034, 1037 [2006]; see also Matter of Wissink v Wissink, 301 AD2d 36, 39 [2002]).