Visitation

Published on: October 11, 2023

Mother denied visitation where the child was sodomized while under her care. In the Matter of Panetta v. Ruddy, 795 N.Y.S.2d 674 (N.Y. App. Div. 2005)

by Stephen Bilkis

In the Matter of Panetta v. Ruddy, the court considered whether to grant the mother visitation of her child. In New York, the standard for a court to deny visitation is high, as it involves a drastic measure that infringes on a noncustodial parent’s rights. Denial of visitation rights should only occur when substantial evidence demonstrates that allowing visitation would be detrimental to the child’s welfare. This stringent standard is in line with the recognition that noncustodial parents are entitled to reasonable visitation rights, emphasizing the importance of maintaining meaningful relationships between parents and their children. The court considers the best interests of the child as paramount, evaluating factors such as the child’s safety, well-being, and overall welfare. Generally, visitation determinations are made after a comprehensive evidentiary hearing to ensure a thorough examination of the circumstances. However, if the court possesses sufficient relevant information to make an informed decision regarding the child’s best interest, a full hearing may not be necessary. The court’s determination hinges on its assessment of witness credibility, the parties’ character, temperament, and sincerity, and will only be disturbed on appeal if it lacks a sound and substantial basis in the record.

Background

In this case, the child’s older half-brother committing sodomy on him while under the mother’s care. As a result, the half-brother faced adjudication as a juvenile delinquent. The Family Court concluded that the child encountered a “polluted environment” during visits with the mother. The Family Court awarded sole custody of the child to the father and suspended the mother’s visitation visitation rights.

Published on: October 9, 2023

Appellate Division upheld supervised therapeutic visitation with father. Thompson v. Yu-Thompson, 837 N.Y.S.2d 313 (N.Y. App. Div. 2007)

by Stephen Bilkis

The case of Thompson v. Yu-Thompson (837 N.Y.S.2d 313, 2007) involves the concept of therapeutic visitation. Supervised therapeutic visitation in New York involves a structured setting where a mental health professional oversees and facilitates visits between a parent and child. This type of visitation is typically ordered by the court when there are concerns about the safety or well-being of the child during unsupervised visits. The therapeutic component implies that the visits serve a therapeutic purpose, addressing specific issues such as parent-child bonding, communication, or emotional well-being. This arrangement ensures that the child’s welfare is prioritized while allowing the parent an opportunity to maintain or rebuild a relationship under professional guidance. The decision to order supervised therapeutic visitation is based on the unique circumstances of each case.

Background

Upon petition by the father, the Family Court of Westchester County allowed him to have supervised therapeutic visits with the child. The mother, dissatisfied with the court’s order, appeals from a decision entered on January 11, 2006.

Published on: October 4, 2023

Court considered whether the father’s visitation should be suspended. Pettiford-Brown v. Brown, 42 A.D.3d 541 (2007)

by Stephen Bilkis

In Pettiford-Brown v. Brown (42 A.D.3d 541, 2007) the father’s visitation rights were suspended by the Family Court of Westchester County. This means that the court temporarily stopped or restricted his right to spend time with their child. This led him to appeal to the Appellate Division.

Suspending a parent’s visitation is a serious step for a court, typically requiring substantial evidence that continued visitation would harm the child. In New York, as in many jurisdictions, the court considers the best interests of the child paramount. A court may suspend visitation if there’s convincing proof that the child’s well-being is at risk during visits with a particular parent. For example, courts may suspend visitation rights in situations where a parent poses a risk to the child’s safety, such as substance abuse issues, domestic violence, or neglect. If a parent’s behavior endangers the child’s well-being or violates court orders, like interference with the other parent’s rights, it can lead to visitation suspension. Additionally, serious mental health concerns, criminal activity, or a parent’s refusal to follow court-mandated parenting plans might prompt the court to intervene. The primary focus is always the child’s best interests, and suspension aims to provide a safe environment until concerns are adequately addressed.

Background

Published on: September 27, 2023

Court determined that father’s parental alienation actions required a modification in the custody order. Grabowski v. Smith, 123 N.Y.S.3d 313 (N.Y. App. Div. 2020)

by Stephen Bilkis

The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings.

In custody or visitation proceedings, an AFC serves as the legal representative for the child involved. Unlike attorneys representing parents, the AFC’s sole allegiance is to the child’s best interests. This involves conducting an independent assessment of the child’s circumstances, preferences, and overall well-being. The AFC becomes the child’s voice in court, expressing their wishes, concerns, and advocating for outcomes aligned with their welfare. This representation is especially vital when the child’s interests may not coincide with those of the parents. The AFC’s responsibilities encompass legal counsel, courtroom representation, and ensuring the child’s views are considered in decisions. Ethical considerations guide the AFC, who must prioritize the child’s welfare, even if their preferences differ from what the AFC believes is in their best interests. Through these responsibilities, the AFC plays a pivotal role in safeguarding the child’s rights and ensuring their well-being remains paramount throughout the legal proceedings.

Background

Published on: September 11, 2023

Matter of Rose v. Eveland, 241 A.D.2d 638 (N.Y. App. Div. 1997)

by Stephen Bilkis

In New York, a noncustodial parent’s right to visitation remains generally intact even during incarceration. The presumption is that maintaining contact with the noncustodial parent is in the child’s best interest. While incarceration alone doesn’t render visitation inappropriate, the court considers the circumstances to ensure the child’s welfare. The denial of visitation is viewed as a drastic measure, warranted only if substantial evidence indicates potential harm to the child. Courts may implement supervised visitation in appropriate settings, balancing parental rights with the child’s well-being, reinforcing the significance of maintaining meaningful connections despite parental incarceration.

In the case of Matter of Rose v. Eveland, the court addressed the complex issue of a noncustodial parent’s right to visitation while incarcerated. The father, the petitioner, sought regular visitation with his son, challenging the Family Court’s decision that deemed such visits unnecessary for the child’s well-being.

In New York, granting visitation to incarcerated parents involves a careful evaluation of the child’s best interests and the incarcerated parent’s circumstances. Generally, it is presumed to be in the child’s best interest to have visitation with their noncustodial parent, even if the parent is incarcerated. The court considers factors such as the child’s relationship with the parent, the potential impact on the child’s well-being, and the incarcerated parent’s ability to maintain a meaningful connection despite the limitations of incarceration. The denial of visitation is viewed as a drastic measure, only warranted if substantial evidence indicates it would harm the child. The court aims to balance the rights of the incarcerated parent with the child’s welfare when making visitation decisions.

Published on: September 6, 2023

Appellate Division upheld denial of visitation rights of young child with incarcerated father. Matter of Ellett v. Ellett, 265 A.D.2d 747 (N.Y. App. Div. 1999)

by Stephen Bilkis

In Matter of Ellett v. Ellett the court was ask to grant an incarcerated individual in-person visitation with his young daughters. That would require the daughters to be brought to him at Clinton Correctional Facility.

In matters of visitation rights for incarcerated individuals, New York law acknowledges the importance of maintaining parent-child relationships while considering the child’s best interests. The court may grant visitation even during incarceration, presuming it aligns with the child’s well-being. However, factors such as the child’s age, the nature of the parent’s sentence, and the potential impact of visitation on the child’s welfare play pivotal roles. While visitation denial is a drastic measure, the court weighs these elements judiciously to ensure decisions align with the unique circumstances of each case, emphasizing the paramount interest of the child involved.

Background

Published on: September 4, 2023

Father’s incarceration alone did not warrant denial of his visitation petition. Rodriquez v. Van Putten, 309 AD2d 807 (NY App. Div. 2d Dep’t 2003)

by Stephen Bilkis

Cases concerning child visitation present intricate legal landscapes. One such case, Rodriquez v. Van Putten (309 AD2d 807), sheds light on the delicate balance between a parent’s right to visitation and a child’s best interests. This Appellate Division case grapples with the implications of a father’s incarceration on visitation rights.

Taking a looking at New York’s general standard for visitation, the courts examine various factors to determine what’s in the child’s best interests are met. The child’s preferences and wishes, adjusted for their age and maturity, are taken into account. Another crucial factor is the nature of the existing relationship between the child and each parent, assessing emotional bonds and effective communication. Additionally, the overall mental, emotional, and physical well-being of each parent is evaluated to ensure they can provide a safe and nurturing environment for the child. Any history of abuse, neglect, or domestic violence is taken into serious consideration to ensure the child’s safety and well-being. Additionally, the parent’s work schedule, availability, criminal record, or any substance abuse issues are scrutinized to understand their ability to be present and responsible caregivers. Overall, New York courts aim to craft visitation schedules that prioritize the child’s growth, development, and happiness, aiming for an environment that fosters their well-being and positive future.

Background

Published on: August 9, 2023

Court refused to allow father who was convicted for child rape to have visitation with his child. Davis v. Davis, 265 AD2d 552, 553 (NY App. Div. 2d Dep’t 1999)

by Stephen Bilkis

The “best interests of the child” is a paramount legal standard used in family law to guide decisions regarding custody, visitation, support, and other matters that directly affect children. Essentially, it mandates that any decision made by the court or involved parties must prioritize what is best for the child’s overall well-being, growth, and development.

The case of Davis v. Davis, 265 AD2d 552, 553 (NY App. Div. 2d Dep’t 1999), delves into a visitation proceeding with unique circumstances, shedding light on how the court navigates the complexities to determine what is in the best interests of the child.

When it comes to visitation, the court’s focus is firmly on ensuring the child’s welfare, emotional development, and stability throughout the visitation process. This means maintaining a consistent and stable visitation schedule that helps the child feel secure. The quality of the relationship between the child and the visiting parent is a critical factor, with a positive and strong bond being seen as beneficial for the child. Safety and well-being during visitation are paramount, so the court carefully examines the environment and the visiting parent’s ability to provide a nurturing and secure space. Additionally, the court assesses the parents’ fitness and capacity to provide a stable and loving environment during visitation.

Published on: August 7, 2023

Court determined that it was not in the best interests of the child to grant visitation to incarcerated petitioner. Rodriquez v. Van Putten, 309 AD2d 807 (NY App. Div. 2d Dep’t 2003)

by Stephen Bilkis

The principle of “best interests of the child” is a fundamental legal standard used in family law to guide decisions regarding child custody, visitation, support, and other matters that impact a child’s well-being. It is a paramount consideration meant to ensure the child’s overall welfare and development take precedence over the desires or interests of the parents or other parties involved.

In essence, determining the best interests of the child involves a thorough assessment of various factors. These can include the child’s age, physical and mental health, educational needs, established routines, relationships with each parent, and any history of domestic violence or substance abuse within the family.

Judicial decisions are made with the aim of promoting stability, security, and continuity in the child’s life, ensuring they maintain meaningful and consistent relationships with both parents when possible. The court strives to create an environment that encourages the child’s growth emotionally, physically, intellectually, and morally.

Published on: November 21, 2022

Court was asked to intervene when the mother and grandmother limited father’s access to child. Marvin F. v. Jaran H., 73 Misc. 3d 1222, 155 N.Y.S.3d 305 (N.Y. Cnty. Ct. 2021)

by Stephen Bilkis

In this case, the court was asked to intervene when the child’s maternal grandmother appeared to influence the amount of parental access the mother gave the father.

Background

The mother and father were not married when they had a child together. The father was very involved in the child’s life during the first few months of the child’s life. He would see the child three or four times a week in the morning prior to going to work, in the evenings and on the weekends. The mother showed that she was committed to helping ensure that the father was involved and understood how to care for the child. Things changed when the mother’s mother moved in with her to help care of the child. The grandmother became the child’s paid babysitter. The father’s access to the child became increasing limited.