Appeals from three orders of the Family Court of Delaware County (Estes, J.), entered August 4, 1999, which, inter alia, granted Amy L. Young’s cross application, in three proceedings pursuant to Family Court Act article 6, for custody of a child born to Barry Fletcher, Jr., and Amy L. Young.
The female child who is the subject of these custody proceedings was bom in 1994 to a 19-year-old father, Barry Fletcher, Jr., and a 16-year-old mother, Amy L. Young. During the mother’s pregnancy, she lived at home with her parents but approximately a month after the birth of the child the parents began living together, engaging the child’s respective grandparents as babysitters. The mother continued her education and graduated from high school in June 1995, the child’s maternal grandmother, Barbara Young (hereinafter the grandmother), becoming the primary caregiver during this time. In December 1995, the child’s mother and father separated, with the child and her mother moving into the maternal grandparent’s home where they remained until June 1996. For the next 14 months, the child lived at different residences with different caregivers in the following order: (1) her mother and her mother’s paramour, (2) her father and her paternal grandparents, (3) her mother, (4) her mother and her mother’s paramour, (5) her maternal grandparents and (6) once again with her mother and her mother’s paramour. From August 1997 until the conclusion of the proof on the instant proceedings in January 1999, the child resided with her maternal grandparents.
The separate proceedings were tried jointly by Family Court. At the close of proof on January 28, 1999, Family Court granted the mother’s motion for a trial order of dismissal of the grandmother’s custody petition “for failure to establish extraordinary circumstances” (see, Matter of L.,
On appeal, the father argues that reversal is required
Initially, we note that neither the father nor the mother had physical custody of the child at the time their respective custody petitions were filed. Accordingly, under the circumstances presented, both parents were on an equal footing with the identical burden of establishing that the child’s best interest would be served by awarding sole custody to him or her.
In applying the best interest standard, Family Court must consider such relevant factors as maintaining stability in the child’s life, the wishes of the child, the quality of the home environment, each parent’s past performance, relative fitness and ability to guide and provide for the child’s intellectual and emotional development, and the effect the award of custody to one parent would have on the child’s relationship with the other (see, Matter of Huff v Keely,
With these basic principles in mind, we review the record evidence. It is clear that at the time of the subject hearing, the evidence established that both the mother and the father were fit and loving parents. Athough the mother’s conduct for approximately four years following the birth of the child was less than exemplary, there is sufficient evidence in the record to support Family Court’s finding that the mother was then “well able to care for the child” since she had married, established a home, become employed and risen to a managerial position, abstained from any alcohol or illicit drug use and “developed a strong, loving, warm and appropriate relationship with the child.” While the evidence also supports a finding that the
The record further supports a finding that the mother is capable of giving and providing for the child’s intellectual and emotional development. The mother’s serious medical problems in the fall of 1997, which gave her a deeper appreciation for life, her responsible employment, her interest in the child’s education and the strong mother-daughter bond that has developed and continues to strengthen, also suggest that the child’s best interest will be served by awarding sole custody to the mother.
While the pictures of the father’s home and the testimony of the parties concerning their respective home environments reveal no negative indication with respect to either party’s home, there is little in the record on this factor. While mindful that Family Court’s evaluation of those relevant factors in a proper custody determination is often supplemented by professionally prepared reports, such as a home study prepared by the Probation Department (see, Family Ct Act § 653), we note that neither party nor the Law Guardian requested such a report. Similarly, while the wishes of the child are often evaluated in a custody proceeding, no in camera interview was conducted (see, Family Ct Act § 664). Although such professional reports and transcripts would have aided our review of the issues raised herein, we do not find their absence cause for reversal.
The record does contain the position taken by the Law Guardian and an evaluation from the Delaware County Mental Health Clinic. Both support the proposition that custody of the child should be placed with the father, however, such are not controlling (see, e.g., Matter of Aldrich v Aldrich,
Mercure, J. P., Crew III, Mugglin and Rose, JJ., concur. Ordered that the order dismissing the custody petition of Barbara Young against Barry Fletcher, Jr., is modified, on the law and facts, without costs, by dismissing the petition on the merits, not as moot; and, as so modified, affirmed. Ordered that the remaining two orders are affirmed, without costs.
Notes
The order dismissing the petition is not included in the record on appeal.