Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered July 24, 1995, which, inter alia, denied petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for custody of the parties’ son.
Petitioner and respondent were never married to one another and just happen to have the same surname. They are the parents of two children, a daughter, Michelle (born in 1987), and a son, Darin, Jr. (born in 1989). The parties resided together from 1986 until the summer of 1990. Following their separation, the children resided with petitioner without a formal custodial arrangement. From August 1989 to June 1991, petitioner had various problems with the law culminating in the imposition of a definite jail sentence of 100 days in June 1991. At the time of her incarceration, petitioner placed Darin,
Petitioner commenced this proceeding in December 1995 seeking, inter alia, custody of Darin, Jr. Thereafter, pursuant to a temporary order, petitioner’s visitation with Darin, Jr. resumed. At the time of the hearing, petitioner was residing with her older son, Michael, and her fiancé, Brian Francia. At that time, respondent resided with his wife of three years, Tammy De Losh, and their two young boys. Family Court awarded sole custody of Darin, Jr. to respondent and petitioner appeals.
Petitioner argues that Family Court abused its discretion in awarding custody of Darin, Jr. to respondent. She contends that the court failed to properly consider that she primarily cared for Darin, Jr. from his birth in 1989 until June 1991 and that she had custody of him following the parties’ separation in 1990. Contending that she is a fit parent, she notes that she has obtained stability in her life and has stopped drinking. In further support of her position, she points to Family Court’s findings that respondent has left the day-to-day care and responsibility of Darin, Jr. to his wife, involving himself only to the extent of playing with Darin, Jr., and that he has done nothing to encourage a relationship between petitioner and Darin, Jr.
Respondent counters that Family Court properly considered the totality of the circumstances in arriving at its custody determination. We agree. The primary consideration in any custody matter is the best interest of the child (see, Eschbach v Eschbach,
Although the record shows that petitioner has made progress in stabilizing her life and becoming a more responsible parent, it also supports Family Court’s determination that Darin, Jr.’s best interest would not be served by altering the present custodial arrangement (see, e.g., Matter of Lizzio v Jackson,
On the other hand, respondent brought Darin Jr. to doctors for treatment of his cleft palate and hyperactivity, and attended meetings with the child’s school psychologist and teacher. Thus, respondent has demonstrated an ability to guide the child’s development. Respondent has also provided a stable home environment for Darin, Jr. for the three years preceding the hearing. We note that "the quality of the home environment is a major factor in the totality of circumstances considered in determining the best interests of the child[ ]” (Matter of Bogert v Rickard,
Although the record contains evidence that De Losh impeded petitioner’s visitation when she had custody of Darin, Jr. and that respondent did nothing to facilitate access, we do not find this conduct sufficiently egregious to warrant placing Darin, Jr. in petitioner’s custody. It is important to note that petitioner appears to have an enhanced relationship with Darin, Jr. as a result of court-ordered visitation (see, e.g., Matter of Irwin v Neyland,
While we are not insensitive to petitioner’s concern that respondent’s wife will provide much of the day-to-day care for Darin, Jr., the evidence falls short of demonstrating that respondent has "abdicated his parental duties” to a third party (Matter of Williams v Williams,
Finally, contrary to petitioner’s claim, an award of joint custody is not appropriate. The record does not demonstrate the requisite degree of parental cooperation, communication and, particularly, lack of antagonism necessary to grant joint custody (see, Matter of Sellen v Wright,
Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, without costs.
