Appeal from two orders of the Family Court of Tompkins County (Rowley, J.), entered October 16, 2001, which, inter alia, granted respondent’s cross application, in two proceedings pursuant to Family Ct Act articles 6 and 8, for custody of the parties’ child.
The parties, Korean citizens and Cornell University graduate students, are the parents of a son, born in January 2000. The parties lived together with their son until September 5, 2000, when petitioner brought criminal charges against re
On September 14, 2000, petitioner commenced a proceeding seeking sole custody of the child and, on September 26, 2000, she filed a family offense petition alleging that respondent physically abused the child; thereupon respondent cross-petitioned for sole custody. Following a fact-finding hearing, Family Court granted sole custody of the child to respondent and allowed petitioner visitation privileges. Petitioner appeals, contending that Family Court erred and abused its discretion in determining the best interests of the child and erred in its admission of evidence from child protective services.
We affirm. In adjudicating custody rights, the paramount factor to be considered is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171; Matter of Lattuca v Natale-Lattuca, 293 AD2d 805, 805; Matter of Bates v Bates, 290 AD2d 732, 732). Among the factors to be considered by the court in making a custody determination are the age of the child, the home environment of each parent, the overall fitness of each parent and the ability of each parent to foster the intellectual and emotional development of the child (see Matter of Strempler v Saveli, 287 AD2d 827, 827; Matter of Storch v Storch, 282 AD2d 845, 846, lv denied 96 NY2d 718). Furthermore, “the effect that an award of custody to one parent might have on the child’s relationship with the other parent” is also a proper factor to be considered by the court (see Bliss v Ach, 56 NY2d 995, 998). Evidence that the custodial parent intentionally interfered with the noncustodial parent’s relationship with the child is “ ‘so inconsistent with the best interests of the child[ ] as to, per se, raise a strong probability that [the offending party] is unfit to act as custodial parent’ ” (Finn v Finn, 176 AD2d 1132, 1133, quoting Entwistle v Entwistle, 61 AD2d 380, 384-385, appeal dismissed 44 NY2d 851; see Matter of Turner v Turner, 260 AD2d 953, 954).
A custody determination is ordinarily a matter of discretion for the trial court (see Eschbach v Eschbach, supra at 173-174), and should be set aside only if it lacks a sound and substantial basis in the record (see Matter of Bates v Bates, supra at 733; Matter of Hudson v Hudson, 279 AD2d 659, 661; Matter of Caccavale v Brown, 271 AD2d 717, 718). Here, we conclude that the present record provides a sound and substantial basis for Family Court’s grant of custody to respondent. The evi
Additionally, petitioner’s claims that respondent hit, threw things at and injured both petitioner and the child, as alleged in both her written complaint to the Cornell police
Here, Family Court’s finding that petitioner exaggerated claims against respondent in an attempt to have him arrested, paired with the testimony that petitioner intended to drop all criminal charges against respondent once she gained custody of their son, support the court’s finding that petitioner purposely interfered with respondent’s contact with the child. Petitioner’s allegations that respondent had injured the child were found to be baseless and, by making such accusations, petitioner needlessly subjected the child to an investigation by child protective services, placing her own interests above those of the child. The fact that the Law Guardian advocated that petitioner be granted custody is not determinative (see Matter of Bates v Bates, 290 AD2d 732, 733, supra) “particularly where, as here, it is premised on subjective judgments as to character and credibility which must, in the final analysis, be made by Family Court” (Matter of Hadamik v Hadamik, 229 AD2d 612, 614). Viewed as a whole, the evidence demonstrates that Family Court’s findings have a sound and substantial basis in the record and should not be disturbed.
Petitioner and the Law Guardian next argue that Family Court erred by admitting the testimony of Barnes and the report of the child protective agency. Although unfounded child abuse reports are required to be sealed (see Social Services Law § 422 [5]), such reports may be introduced into evidence
Mercure, J.P., Spain, Carpinello and Mugglin, JJ., concur. Ordered that the orders are affirmed, without costs.
. After petitioner filed charges with the Cornell police, the matter was referred to the City of Ithaca Police Department.
. Specifically, respondent violated the order of protection by attempting to contact petitioner and the child through third parties and secretly repossessed a car shared by the parties, without giving notice to petitioner.
