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Grandmother’s Pro Se Petition to Modify Visitation Is To Be Construed Liberally and Should Not Have Been Dismissed Without a Hearing

The Third Department determined Family Court should not have dismissed grandmother's petition to increase her visitation with the child without a hearing.  The court noted that because the grandmother filed her petition pro se, it should be construed liberally:

“A party seeking to modify a visitation order must show a change in circumstances resulting in a need for the modification to ensure the best interests of the child” … . Inasmuch as the grandmother filed her petition pro se, it should be construed liberally when considering whether she sufficiently alleged a change in circumstances (…see also CPLR 3026). Here, the grandmother alleged that an increase in visitation was warranted given that the child was older, the grandmother and child had developed a close bond, overnight visitation had never been addressed, and an overnight would permit the grandmother and the child to do more together, including spending time with family members who live farther away. While the mere passage of time and the child getting older do not constitute unanticipated changes in circumstances …, more was alleged here. Liberally construed, the grandmother's allegations in the petition adequately asserted that a sufficient change in circumstances has occurred. Matter of Ford v Baldi, 2014 NY Slip Op 09078, 3rd Dept 12-31-14


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