Mera v. Rodriguez
| Decision Date | 18 May 2010 |
| Parties | In the Matter of Moises MERA, appellant, v. Gloria RODRIGUEZ, respondent. |
| Court | New York Supreme Court — Appellate Division |
73 A.D.3d 1069
In the Matter of Moises MERA, appellant,
v.
Gloria RODRIGUEZ, respondent.
Supreme Court, Appellate Division, Second Department, New York.
May 18, 2010.
Helene Migdon Greenberg, Elmsford, N.Y., for appellant.
Proskauer Rose LLP, New York, N.Y. (Steven H. Holinstat of counsel), and Joanne N. Sirotkin, White Plains, N.Y., for respondent (one brief filed).
Thea S. Beaver, Mamaroneck, N.Y., attorney for the child.
In a visitation proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of a corrected order of the Family Court, Westchester County (Edlitz, J.), entered June 3, 2009, as denied, without a hearing, his petition to modify a prior order of the same court dated March 6, 2008, which, inter alia, permitted him to have only therapeutic supervised visitation with the subject child once it was deemed therapeutically appropriate, and suspended all visitation between him and the subject child.
ORDERED that the corrected order is affirmed insofar as appealed from, without costs or disbursements.
"A court must determine the best interests of the child when adjudicating ... visitation issues. The determination of visitation issues is entrusted to the sound discretion of the trial court, and should not be disturbed on appeal unless it lacks a substantial evidentiary basis in the record" ( Matter of Thompson v. Yu-Thompson, 41 A.D.3d 487, 488, 837 N.Y.S.2d 313; see Jordan v. Jordan, 8 A.D.3d 444, 779 N.Y.S.2d 121). "[A] noncustodial parent should have reasonable rights of visitation, and the denial of those rights to a natural parent is a drastic remedy which should only be invoked when there is substantial evidence that visitation would be detrimental to the child" ( Matter of Grisanti v. Grisanti, 4 A.D.3d 471, 473, 772 N.Y.S.2d 700 [internal quotation marks and citation omitted] ).
The Family Court's determination that therapeutic supervised visitation would be psychologically detrimental to, and not in the best interests of, the subject child has a sound and substantial basis in the record
and should not be disturbed ( see Matter of Thompson v. Yu-Thompson, 41 A.D.3d 487, 837 N.Y.S.2d 313). To the extent that the Family Court relied upon the in camera interview of the then-12-year-old child, it was entitled to place great weight on the wishes of the child, who was mature enough to express his wishes ( see Matter of O'Connor v....To continue reading
Request your trial
-
Cervera v. Bressler
...only be invoked when there is substantial evidence that visitation would be detrimental to the child” ( Matter of Mera v. Rodriguez, 73 A.D.3d 1069, 1069, 899 N.Y.S.2d 893 [internal quotation marks omitted]; see Matter of Sinnott–Turner v. Kolba, 60 A.D.3d 774, 775, 875 N.Y.S.2d 512; Matter......
-
Culberson v. Fisher
...parenting time is to occur only in Westchester County, unless otherwise agreed to by the parties (see Matter of Mera v. Rodriguez, 73 A.D.3d 1069, 1070, 899 N.Y.S.2d 893 ; see also Matter of Mohabir v. Singh, 78 A.D.3d 1056, 1057, 910 N.Y.S.2d 917 ).DILLON, J.P., CHAMBERS, AUSTIN and SGROI,......
-
Boggio v. Boggio
...child during her in camera interview ( see Matter of Mohabir v. Singh, 78 A.D.3d at 1057, 910 N.Y.S.2d 917;Matter of Mera v. Rodriguez, 73 A.D.3d 1069, 899 N.Y.S.2d 893; [945 N.Y.S.2d 766]Matter of Jennifer WW., 274 A.D.2d 778, 779, 710 N.Y.S.2d 733;Matter of Lozada v. Lozada, 270 A.D.2d 42......
-
Rosenblatt v. Rosenblatt
...when there is substantial evidence that visitation would be detrimental to the child’ ” (Matter of Mera v. Rodriguez, 12 N.Y.S.3d 232 73 A.D.3d 1069, 1069, 899 N.Y.S.2d 893, quoting Matter of Grisanti v. Grisanti, 4 A.D.3d 471, 473, 772 N.Y.S.2d 700 ; see Matter of Lyons v. Knox, 126 A.D.3d......