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FAMILY COURT SHOULD HAVE SET A SPECIFIC AND DEFINITIVE VISITATION SCHEDULE, MATTER REMITTED (FOURTH DEPT).

The Fourth Department, modifying Family Court, determined Family Court should have set a specific and definitive visitation schedule:

Respondent mother appeals from an amended order that, inter alia, granted petitioner father’s petition to modify a prior custody order by awarding him primary physical custody of their daughter. We agree with the mother that Family Court erred in failing to set a specific and definitive visitation schedule … . We therefore modify the amended order by striking from the first ordering paragraph the words “and subject to periods of visitation with the Mother and the Father shall encourage [the child] to visit with her Mother,” and we remit the matter to Family Court to fashion a specific and definitive schedule for visitation between the mother and daughter. Matter of Montes v Johnson, 2018 NY Slip Op 04194, Fourth Dept 6-8-18

FAMILY LAW (VISITATION, FAMILY COURT SHOULD HAVE SET A SPECIFIC AND DEFINITIVE VISITATION SCHEDULE, MATTER REMITTED (FOURTH DEPT))/VISITATION (FAMILY LAW, FAMILY COURT SHOULD HAVE SET A SPECIFIC AND DEFINITIVE VISITATION SCHEDULE, MATTER REMITTED (FOURTH DEPT))

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