MATTER OF JOSE R. v. DIOMARA L.

Docket No. V-12288-89/18. Appeal No. 14548. Case No. 2021-00606.

199 A.D.3d 428 (2021)

153 N.Y.S.3d 854

2021 NY Slip Op 06062

In the Matter of Jose R., Respondent, v. Diomara L., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 4, 2021.


Attorney(s) appearing for the Case

Steven N. Feinman , White Plains, for appellant.

Law Office of Lewis S. Calderon, Jamaica ( Lewis S. Calderon of counsel), for respondent.

Karen Freedman , Lawyers for Children, Inc., New York ( Shirim Nothenberg of counsel), attorney for the children.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.


A sound and substantial basis exists for the Family Court's determination that an award of primary physical custody to the father is in the children's best interests. The father has been the children's primary caretaker for more than three years and has been responsible for addressing all their medical and educational needs (see Matter of Lawrence C. v Anthea P., 79 A.D.3d 577, 579 [1st Dept 2010]). The mother has had limited involvement...

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