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Family Court Improperly Delegated Its Responsibility to Set the Terms of Father’s Supervised Visitation

The Third Department determined Family Court improperly relinquished its authority to dictate the terms of father’s supervised visitation to the petitioner (grandmother):

…[W]e find merit to the father’s contention that Family Court erred in granting visitation subject to conditions of supervision set at the sole discretion of petitioner. Family Court is required to determine the issue of visitation in accord with the best interests of the children and fashion a schedule that permits a noncustodial parent to have frequent and regular access … . In doing so, the court may not delegate its authority to make such decisions to a party … . Here, in light of the father’s apparent history of domestic violence and failure to submit to a substance abuse screen, the court did not err in requiring that the father be subject to supervised visitation.However, inasmuch as the court granted complete authority to petitioner to determine the father’s access to the children and under what conditions that access may occur, the court impermissibly abdicated its responsibility to ensure that the father has regular and meaningful visitation with the children and, therefore, the matter must be remitted for a hearing and redetermination in this regard… . Matter of Aida B v Alfredo C, 515713, 3rd Dept 2-20-14

 

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