Jennifer A. Castro, Appellant, v. Joseph J. Castro, Respondent, 292 A.D.2d 556, 739 N.Y.S.2d 593

Outcome: The order of the trial court was modified.

Description: The appellate court held it was axiomatic that custody determinations were to be made upon consideration of all relevant circumstances to reach the disposition that promotes the best interests of the children. The analysis of the various factors to be taken into account in deciding a custody question were best made by the trial court, which was in the most advantageous position to evaluate the testimony, character, and sincerity of the parties. The trial court's determination was not to be disturbed unless it lacked a sound and substantial basis in the record. The appellate court's review of the record supported the trial court's conclusion that both the mother and father were responsible and loving parents, but that the father would offer the children the best opportunity to separate, individuate, and grow into their own persons, without interfering in the maintenance of positive relationships with their mother.