IN RE OSCAR S., pet-res, v. JOYESHA J., res-res

3454. IN RE OSCAR S., pet-res, v. JOYESHA J., res-res — George E. Reed, Jr., White Plains, for ap — Law Offices of Susan Barrie, New York (Susan Barrie of counsel), for res — STEVEN N. FEINMAN, WHITE PLAINS, ATTORNEY FOR THE CHILD KAMARYN S. LESLIE LOWENSTEIN, WOODMERE, ATTORNEY FOR THE CHILDREN JAADA S., X'ZAVIER S. AND AVANAH S.—Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about August 10, 2015, which, upon the parties' respective petitions, awarded sole legal and physical custody of the parties' children to petitioner father, with parenting time to respondent mother, unanimously modified, on the law and the facts, to remand the matter to the Family Court to issue an order addressing the process of the transfer of custody to the father, and to hold an immediate hearing on whether there any changed circumstances which would cause an award of legal and physical custody of the oldest child to the father to no longer be in her best interest, and otherwise affirmed, without costs.

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3454. IN RE OSCAR S., pet-res, v. JOYESHA J., res-res — George E. Reed, Jr., White Plains, for ap — Law Offices of Susan Barrie, New York (Susan Barrie of counsel), for res — STEVEN N. FEINMAN, WHITE PLAINS, ATTORNEY FOR THE CHILD KAMARYN S. LESLIE LOWENSTEIN, WOODMERE, ATTORNEY FOR THE CHILDREN JAADA S., X’ZAVIER S. AND AVANAH S.—Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about August 10, 2015, which, upon the parties’ respective petitions, awarded sole legal and physical custody of the parties’ children to petitioner father, with parenting time to respondent mother, unanimously modified, on the law and the facts, to remand the matter to the Family Court to issue an order addressing the process of the transfer of custody to the father, and to hold an immediate hearing on whether there any changed circumstances which would cause an award of legal and physical custody of the oldest child to the father to no longer be in her best interest, and otherwise affirmed, without costs.

The Family Court’s determination to award custody of the parties’ four children to the father has a sound and substantial basis in the record (see Eschbach v. Eschbach, 56 NY2d 167, 173-174 [1982]). Where, as here, the Family Court’s findings are based almost entirely on its assessment of the credibility of witnesses, and, in particular, the character of the parents, “its findings ‘must be accorded the greatest respect’” (Matter of Elissa A. v. Samuel B., 123 AD3d 638, 639 [1st Dept 2014], quoting Matter of Irene O., 38 NY2d 776, 777 [1975]). However, we remand to the Family Court for two purposes: to issue an order addressing the process of the transfer of custody to the father, and to hold an immediate hearing on whether transfer of custody of the oldest child to the father is still in her best interest, based on any change of circumstances since the trial.

IN RE OSCAR S., pet-res, v. JOYESHA J., res-res

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