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FAMILY COURT SHOULD NOT HAVE DELEGATED TO MOTHER THE AUTHORITY TO DETERMINE FATHER’S PARENTING TIME (THIRD DEPT).

The Third Department, reversing (modifying) Family Court, determined mother should not have been given the authority over father’s parenting time:

… Family Court improperly delegated its authority to the mother over the father’s in-person parenting time and telephone and electronic contact with the daughter … . With respect to the father’s telephone and electronic contact with the daughter, inasmuch as the mother agrees that the father should have telephone and electronic contact three times per week, we modify that portion of the order accordingly. With respect to the father’s in-person parenting time, although we are empowered to independently review the record and decide parenting time issues, given the father’s instability, the fact that the mother has relocated to Mississippi and the passage of time, we cannot make that determination here. As such, we remit the matter to Family Court for a hearing for the purpose of fashioning a schedule of supervised in-person parenting time … . Matter of Leslie QQ. v Daniel RR., 2024 NY Slip Op 05857, Third Dept 11-21-24

Practice Point: A Family Court cannot delegate authority over parenting time schedules to mother or father.

 

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