CUSTODY - PARENT WHO DOES NOT FOSTER RELATIONSHIP WITH OTHER PARENT CAN STILL GET SOLE CUSTODY

In this case, we do not have all the facts but there is always an exception to the rule.

Matter of Woodson v Woodson, 2018 NY Slip Op 05321, Decided on July 18, 2018, Appellate Division, Second Department:

"The father and the mother are the parents of two children. In 2008, the father commenced a proceeding seeking sole custody of the children. Thereafter, the mother filed a petition alleging that the father violated a temporary order of parental access dated December 21, 2009. After [*2]a lengthy hearing, which took place over more than four years, the Family Court awarded the father sole custody of the children, awarded the mother supervised parental access with the children, and, upon finding that the father violated the temporary order of parental access dated December 21, 2009, declined to impose a sanction against him. The mother appeals.

In making a custody determination, the paramount concern is the best interests of the children, considered under the totality of the circumstances (see Matter of James M. v Kevin M., 99 AD3d 911, 912-913). "Where, as here, a complete evidentiary hearing has been held on the issue of custody, any determination depends 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. The credibility findings of the Family Court will be accorded great weight and its determinations regarding custody and visitation will not be disturbed unless they lack a sound and substantial basis in the record" (Matter of Felty v Felty, 108 AD3d 705, 707 [citations omitted]). Here, we acknowledge that the father's negative attitude toward the mother is disconcerting, as children should generally be encouraged to have a relationship with both parents. Despite the father's shortcoming in this regard, the totality of the circumstances supports the finding that it would be in the children's best interests for the father to have sole custody.

Any error in failing to set forth the facts in the order awarding the father custody does not constitute grounds for reversal or modification, since the record contains a sound and substantial basis for the Family Court's determination and is sufficient for this Court to conduct an independent review of the evidence (see Matter of Thomas v Wong, 127 AD3d 769, 770)."