The record establishes that, even after she agreed to withdraw her allegations, the mother continued to insinuate that the father was sexually abusing the child, despite the fact that no evidence of the alleged abuse was ever found by medical professionals who examined the child. The evidence also established that the mother was frequently hostile toward the father and his family, often made disparaging remarks about them in the child’s presence and behaved inappropriately during the parties’ visitation exchanges. A psychologist who evaluated the mother
Although it is apparent that both parties are loving parents and capable of sufficiently providing for the child’s physical needs, the father has demonstrated that he is currently better able to provide for the child’s overall well-being and is more likely than the mother to encourage and nurture the child’s relationship with the other parent, particularly considering the mother’s repeated allegations and insinuations that the father sexually abused the child (see Matter of Martinez v Hyatt, 86 AD3d 571, 572 [2011], lv denied 17 NY3d 713 [2011]; Young v Young, 212 AD2d 114, 122 [1995]). Such unfounded allegations, together with the persistent hostility that the mother demonstrates toward the father and his family, were appropriately viewed by Family Court as efforts aimed to interfere with the child’s relationship with the father (see Posporelis v Posporelis, 41 AD3d 986, 991 [2007]; Matter of Sloand v Sloand, 30 AD3d 784, 786 [2006]). Considering the totality of the circumstances here, and according deference to Family Court’s ability to assess the credibility of the witnesses and evaluate the conflicting testimony (see Matter of Bush v Bush, 74 AD3d 1448, 1450 [2010], lv denied 15 NY3d 711 [2010]; Matter of Siler v Wright, 64 AD3d 926, 928 [2009]), we find that the award of sole custody to the father is supported by substantial evidence. Finally, “although by no means determinative, this conclusion is in accord with the position advanced by the [attorney for the child]” (Matter of Siler v Wright, 64 AD3d at 929).
We have considered the mother’s remaining contentions and find them to be unpersuasive.
Spain, J.E, Lahtinen, Stein and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.