The essential consideration in determining custody is the best interests of the child, and neither parent has a prima facie right to custody. In determining a custody arrangement, the court must consider factors such as the
quality of the home environment, the parental guidance the custodial
parent provides, each parent's ability to provide for
the child's emotional and intellectual development, each parent's financial
status and ability to provide for the child, the relative
fitness of the respective parents, and the effect an award of custody
to one parent might have on the child's relationship with the other
parent. The court must consider the totality of the
circumstances, and no one factor is determinative.
Matter of Bongocan v. Javier L., NY Slip Op 02148 (2d Dep't March 28, 2018)
Here is the decision.
