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Criteria for Modification of Existing Visitation Arrangement

The Second Department explained the principles relevant to a modification of an existing visitation arrangement as follows:

An existing visitation arrangement may be modified “upon [a] showing . . . that there has been a subsequent change of circumstances and modification is required” (Family Ct Act § 652 [a];…). “Extraordinary circumstances are not a prerequisite to obtaining a modification; rather, the standard ultimately to be applied remains the best interests of the child when all of the applicable factors are considered'”… .. “The best interests of the child generally lie in being nurtured and guided by both parents”…. “In order for the noncustodial parent to develop a meaningful, nurturing relationship with her [or his] child, visitation must be frequent and regular. Absent extraordinary circumstances, where visitation would be detrimental to the child’s well-being, a noncustodial parent has a right to reasonable visitation privileges”….  Matter of Grunwald v Grunwald, 2013 NY Slip Op 05069, 2nd Dept 7-3-13

 

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