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TERMINATION OF FATHER’S VISITATION RIGHTS WAS NOT SUPPORTED BY A SOUND AND SUBSTANTIAL BASIS IN THE RECORD, WHICH INCLUDED HEARSAY (THIRD DEPT).

The Third Department, reversing Family Court, determined termination of father’s visitation was not supported by a sound and substantial basis in the record:

It is undisputed that the father engaged in physical violence and verbal abuse directed at the mother. Although the record demonstrates strong support for a change in circumstances and supervised visitation, the record lacks direct evidence that visitation is detrimental to the child; as such, it is presumed that it is in the child’s best interests to continue visitation … . Further, although the mother and maternal grandmother testified regarding concerns about the father’s sexual behavior, these concerns were based on hearsay and speculation from vulgar and inappropriate comments made by the father. Concern regarding abuse or potential abuse must have a basis in the record to justify denial of visitation; uncorroborated hearsay alone is not enough … . Notably, both the mother and the attorney for the child supported continued supervised visitation … . Thus, Family Court’s determination to terminate visitation lacks a sound and substantial basis in the record … . Matter of Boisvenue v Gamboa, 2018 NY Slip Op 08211, Third Dept 11-29-18

FAMILY LAW (VISITATION, TERMINATION OF FATHER’S VISITATION RIGHTS WAS NOT SUPPORTED BY A SOUND AND SUBSTANTIAL BASIS IN THE RECORD, WHICH INCLUDED HEARSAY (THIRD DEPT))/VISITATION (FAMILY LAW, TERMINATION OF FATHER’S VISITATION RIGHTS WAS NOT SUPPORTED BY A SOUND AND SUBSTANTIAL BASIS IN THE RECORD, WHICH INCLUDED HEARSAY (THIRD DEPT))/EVIDENCE (FAMILY LAW, VISITATION, TERMINATION OF FATHER’S VISITATION RIGHTS WAS NOT SUPPORTED BY A SOUND AND SUBSTANTIAL BASIS IN THE RECORD, WHICH INCLUDED HEARSAY (THIRD DEPT))/HEARSAY (FAMILY LAW, VISITATION, TERMINATION OF FATHER’S VISITATION RIGHTS WAS NOT SUPPORTED BY A SOUND AND SUBSTANTIAL BASIS IN THE RECORD, WHICH INCLUDED HEARSAY (THIRD DEPT))

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AFTER REVERSAL BY THE COURT OF APPEALS, THE EXPULSION OF PETITIONER STUDENT... RESPONDENT WAS NOT AFFORDED EFFECTIVE ASSISTANCE OF COUNSEL IN THIS FAMILY OFFENSE...