You are here: / / FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION; CHILD’S...

FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION; CHILD’S ATTORNEY PROPERLY TOOK A POSITION ADVERSE TO THE CHILD’S WISHES.

The Third Department noted: (1) Family Court improperly delegated the authority to determine mother’s visitation to a counselor; and (2) under the circumstances, it was appropriate for the child’s attorney to take a position that did not reflect the child’s wishes:

Considering the evidence as a whole and particularly considering the psychologist’s work with all of the parties and her reasoned explanation of how numerous factors led her to conclude that there was “no credible evidence of abuse” by the father but that there was evidence of “coaching, coercion and brainwashing” of the child by the mother, we find no reason to depart from Family Court’s determination to credit the psychologist. * * *

Family Court erred by delegating the determination of the mother’s visitation to the child’s counselor. A court cannot delegate its authority to determine visitation to a mental health professional … . * * *

… [W]e find no fault in the attorney for the child’s decision to advocate for a position contrary to the child’s wishes, of which Family Court was aware, given that such wishes were “likely to result in a substantial risk of imminent, serious harm to [her]” … . Matter of Zakariah SS. v Tara TT., 2016 NY Slip Op 06923, 3rd Dept 10-20-16

 

FAMIILY LAW (FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION; CHILD’S ATTORNEY PROPERLY TOOK A POSITION ADVERSE TO THE CHILD’S WISHES)/VISITATION (FAMILY COURT IMPROPERLY DELEGATED AUTHORITY TO DETERMINE VISITATION)/ATTORNEYS (FAMILY LAW, CHILD’S ATTORNEY PROPERLY TOOK A POSITION ADVERSE TO THE CHILD’S WISHES)

You might also like
OFFICE LEASING BROKER WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT).
COUNSEL FOR A CIVILLY COMMITTED SEX OFFENDER WAS NOT ENTITLED TO ATTEND MEETINGS ABOUT APPROPRIATE TREATMENT FOR THE SEX OFFENDER 3RD DEPT.
Invocation of Fifth Amendment Privilege Against Self-Incrimination by Both Attesting Witnesses Did Not Require Dismissal of Petition to Admit Will to Probate
ALTHOUGH CLAIMANT WAS REHIRED AFTER THE STRIKE, THE EMPLOYER HAD NOT ASSURED CLAIMANT OF THE RIGHT TO RETURN TO WORK DURING THE STRIKE, THEREFORE THE EMPLOYER WAS NOT ENTITLED TO THE SEVEN-WEEK SUSPENSION OF UNEMPLOYMENT BENEFITS DURING A STRIKE PERMITTED BY LABOR LAW 592 (THIRD DEPT).
THE WORKERS’ COMPENSATION BOARD PROPERLY FOUND CLAIMANT WAS AN EMPLOYEE OF A TRUCKING COMPANY AND A SPECIAL EMPLOYEE OF A COMPANY WITH WHICH THE TRUCKING COMPANY HAD A CONTRACT, THEREFORE THE WORKERS’ COMPENSATION AWARD WAS PROPERLY SPLIT BETWEEN THEM (THIRD DEPT).
ACTION SEEKING RESCISSION OF A CONSERVATION EASEMENT RESTRICTING DEVELOPMENT ON UPSTATE LAND WITHIN THE NEW YORK CITY WATERSHED PROPERLY DISMISSED; UNIQUE LAW RE: MODIFICATION OR EXTINGUISHMENT OF A CONSERVATION EASEMENT EXPLAINED.
THE DELAY IN PRODUCING THE DEFENDANT FOR ARRAIGNMENT AFTER THE PEOPLE BECAME AWARE HE WAS IN CUSTODY WAS ATTRIBUTABLE TO THE PEOPLE (A “CONTRADICTORY HOLDING” BY THE FOURTH DEPARTMENT WAS NOTED); DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO MOVE TO DISMISS ON SPEEDY TRIAL GROUNDS; INDICTMENT DISMISSED (THIRD DEPT).
PETITIONER ALLEGED EMPLOYMENT DISCRIMINATION BASED LARGELY ON THE EMPLOYER’S REFUSAL TO ACCOMMODATE PETITIONER’S DISABILITIES BY ALLOWING HER TO WORK REMOTELY FROM HOME; THE EMPLOYER DID NOT PRESENT SUFFICIENT FACTUAL INFORMATION TO WARRANT SUMMARY JUDGMENT; CRITERIA EXPLAINED (THIRD 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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FATHER WAS NOT AWARE FINAL HEARING ON TERMINATION OF HIS PARENTAL RIGHTS HAD... FAMILY COURT SHOULD NOT HAVE DISMISSED MOTHER’S PETITION FOR CUSTODY MODIFICATION...