Gonzalez v. Ross
| Decision Date | 08 June 2016 |
| Parties | In the Matter of Leslie P. GONZALEZ, respondent, v. Adam ROSS, appellant. |
| Court | New York Supreme Court — Appellate Division |
140 A.D.3d 869
33 N.Y.S.3d 394
2016 N.Y. Slip Op. 04413
In the Matter of Leslie P. GONZALEZ, respondent,
v.
Adam ROSS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
June 8, 2016.
Joel Borenstein, Brooklyn, N.Y., for appellant.
Daniella Levi & Associates, P.C., Fresh Meadows, N.Y. (Natalie Markfeld of counsel), for respondent.
Jordan M. Freundlich, Lake Success, N.Y., attorney for the children.
MARK C. DILLON, J.P., ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, and VALERIE BRATHWAITE NELSON, JJ.
Appeal from an order of the Family Court, Queens County (Anne–Marie Jolly, J.), dated February 3, 2015. The order, insofar as appealed from, after a hearing, granted the mother's motion for permission to relocate with the subject children to Florida, denied that branch of the father's cross petition which was for visitation with the subject children, and directed the father to submit to random drug and alcohol screens, test negative, and undergo a comprehensive mental health evaluation as conditions of future visitation.
ORDERED that the order is modified, on the law and the facts, by deleting the provisions thereof denying that branch of the father's cross petition which was for visitation with the subject children and directing the father to submit to random drug and alcohol screens, test negative, and undergo a comprehensive mental health evaluation as conditions of future visitation; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Family Court, Queens County, for further proceedings in accordance herewith, including the entry of an amended order which includes provisions directing the father to submit to random drug and alcohol screens and undergo a comprehensive mental health evaluation as a component of supervised visitation, and setting forth a schedule of supervised visitation
between the father and the subject children.
The mother and the father are the parents of two children. In March 2013, following a breakdown of the parties' relationship as a result of the father's admitted drug use and his threatening behavior, the mother petitioned for sole custody of the parties' children and obtained a temporary order of protection against the father. The father cross-petitioned for custody or visitation. Prior to the commencement of a hearing on the parties' petitions, the mother relocated to Florida with the children and thereafter moved for temporary sole custody of the children and permission to relocate to Florida. The Family Court denied the mother's motion, but the court subsequently granted the motion of the attorney for the children to stay so enforcement of much of its order as required the mother to return the children to New York.
During the hearing, the attorney for the children moved to suspend the father's supervised visitation with the children based upon his erratic in-court behavior during the...
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