IN RE GREGORY D., pet-res, v. ATHENA Q., res-res

3742. IN RE GREGORY D., pet-res, v. ATHENA Q., res-res — Steven N. Feinman, White Plains, for ap — Andrew J. Baer, New York, for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILDREN.— Order, Family Court, New York County (Susan M. Doherty, Referee), entered on or about February 25, 2016, which, after a hearing, granted the father's petition for modification of a custody order and awarded him sole custody of the parties' three children, unanimously reversed, on the law and the facts, without costs, the petition denied, and sole custody awarded to respondent mother.

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3742. IN RE GREGORY D., pet-res, v. ATHENA Q., res-res — Steven N. Feinman, White Plains, for ap — Andrew J. Baer, New York, for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILDREN.— Order, Family Court, New York County (Susan M. Doherty, Referee), entered on or about February 25, 2016, which, after a hearing, granted the father’s petition for modification of a custody order and awarded him sole custody of the parties’ three children, unanimously reversed, on the law and the facts, without costs, the petition denied, and sole custody awarded to respondent mother.

The Referee’s determination awarding custody to petitioner father lacked a sound and substantial basis in the record (see Eschbach v. Eschbach, 56 NY2d 167 [1982]) since the mother has been the children’s primary caretaker and, sole source of financial support, for the majority of the children’s lives (see e.g. Matter of Timothy M. v. Laura A.K., 204 AD2d 325 [2d Dept 1994]). During the approximately twoyear period, from 2011 through 2013, the father scarcely visited or spoke with the children, while the mother had enrolled them in a charter school and extracurricular activities, including dance and karate, and the children were thriving in her care. The mother moved the family into an apartment in Manhattan, and was in the process of changing schools to remedy the issue of the children’s tardiness due to their long commute.

IN RE GREGORY D., pet-res, v. ATHENA Q., res-res

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