An agreement between parents concerning custody will not be set aside unless there is a sufficient change in circumstances since the time of the agreement and unless the modification of the custody agreement is in the best interests of the child (see Pambianchi v Goldberg, 35 AD3d 688, 689 [2006]). As a custody determination depends to a great extent upon an assessment of the character and credibility of the parties and witnesses, the findings of the Family Court will not be disturbed unless they lack a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167, 174 [1982]; Matter of Honeywell v Honeywell, 39 AD3d 857, 858 [2007]; Kuncman v Kuncman, 188 AD2d 517, 518 [1992]). Here, there is a sound and substantial basis in the record for the Family Court’s award of sole physical and legal custody to the father (see Eschbach v Eschbach, 56 NY2d 167, 172 [1982]; Vinciguerra v Vinciguerra, 294 AD2d 565, 566 [2002]).
Although the Family Court improvidently exercised its discretion in admitting into evidence the report of the neutral forensic psychologist, since the report was not submitted under oath
The mother’s remaining contentions are without merit. Lifson, J.P., Ritter, Florio and Carni, JJ., concur.