You are here: / / GRANDMOTHER’S PETITION TO MODIFY THE VISITATION ARRANGEMENT SHOULD...

GRANDMOTHER’S PETITION TO MODIFY THE VISITATION ARRANGEMENT SHOULD HAVE BEEN GRANTED; MOTHER’S VIOLATION OF THE ORDER ALLOWING VISITATION BY GRANDMOTHER CONSTITUTED A CHANGE IN CIRCUMSTANCES (SECOND DEPT). ​

The Second Department, reversing Family Court, determined the mother’s refusal to allow visitation with the child by the paternal grandmother, in violation of a court order, constituted and change in circumstances warranting the granting of grandmother’s petition to modify the visitation arrangement:

… [T]he paternal grandmother filed a petition to modify the order … , so as to establish a visitation schedule … , as well as a petition alleging that the mother was in violation of the order … . Following a hearing … the Family Court denied the modification petition and the violation petition … .

… [C]ontrary to the Family Court’s determination, the mother’s refusal to consent to any visitation between the child and the paternal grandmother pursuant to the March 19, 2018 order constituted a sufficient change in circumstances for the court to determine whether modification of the existing visitation arrangement was in the child’s best interests … . Moreover, the court’s determination that visitation with the paternal grandmother was not in the best interests of the child lacked a sound and substantial basis in the record. Although there is some history of animosity between the parties, “[a]nimosity alone is insufficient to deny visitation” … , and there is no indication in the record that the poor relationship between the parties had any adverse effect on the child such that the resumption of visitation would not be in the child’s best interests … .. We therefore remit the matter to the Family Court … to establish an appropriate visitation schedule … . Matter of Dubose v Jackson, 2022 NY Slip Op 04723, Second Dept 7-27-22

Practice Point: Here grandmother had been awarded visitation rights with the child. Mother’s violation of the order allowing visitation by grandmother constituted a change in circumstances warranting the granting of grandmother’s petition and modification of the visitation schedule.

 

You might also like
Re: A Mental Hygiene Law Civil Commitment Proceeding for a Sex Offender, Failure to Give the Jury an Adequate Explanation of the Meaning of “Sex Offense” May Have Resulted in an Unsupported “Mental Abnormality” Finding
LAW-OFFICE-FAILURE ALLEGATIONS WERE INSUFFICIENT; PLAINTIFF’S MOTION TO ENTER A DEFAULT JUDGMENT IN THIS PEDESTRIAN ACCIDENT CASE SHOULD HAVE BEEN GRANTED (SECOND DEPT).
ALTHOUGH THE MANSLAUGHTER AND NEGLIGENT HOMICIDE CONVICTIONS WHERE SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE IN THIS TRAFFIC ACCIDENT CASE, THOSE CONVICTIONS WERE AGAINST THE WEIGHT OF THE EVIDENCE, THE POLICE OFFICER WAS KILLED BY ANOTHER DRIVER WHO WAS PASSING BY THE ACCIDENT SCENE A SUBSTANTIAL AMOUNT OF TIME AFTER THE DEFENDANT’S ACCIDENT (SECOND DEPT).
EVIDENCE SUPPORTED DERIVATIVE NEGLECT FINDING (SECOND DEPT).
Notice of Claim Deemed Insufficient to Allege Negligent Design or Construction of Road
Standard for Liability of Members of Volunteer Fire Company
BECAUSE THE OFFENSE TO WHICH DEFENDANT PLED GUILTY (ATTEMPTED CRIMINAL POSSESSION OF A WEAPON THIRD) WAS NOT A LESSER INCLUDED OFFENSE OF ANY OFFENSE CHARGED IN THE INDICTMENT, IT IS NOT CLASSIFIED AS A VIOLENT FELONY; DEFENDANT SHOULD NOT HAVE BEEN SENTENCED AS A SECOND VIOLENT FELONY OFFENDER (SECOND DEPT). ​
THE BATSON CHALLENGE TO THE PROSECUTOR’S EXCLUSION OF A JUROR SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE TOWN BOARD OF APPEALS’ FAILURE TO ISSUE A DECISION ON PETITIONER’S... THE BANK IN THIS FORECLOSURE ACTION DID NOT DEMONSTRATE COMPLIANCE WITH THE...