Ramshaw v. Ramshaw
| Decision Date | 28 September 1992 |
| Citation | 588 N.Y.S.2d 310,186 A.D.2d 243 |
| Parties | Dennis M. RAMSHAW, Respondent, v. Alice J. RAMSHAW, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Joseph A. Solow, Hauppauge, for appellant.
Marchese, Sallah & Araneo, P.C., Holtsville (Donald R. Sallah, of counsel), for respondent.
Before SULLIVAN, J.P., and BALLETTA, O'BRIEN and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from stated portions of (1) a judgment of the Supreme Court, Suffolk County (Leis, J.), dated July 14, 1989, and (2) an amended judgment of the same court, dated November 30, 1989, which, inter alia, set forth a schedule of visitation, directed her to obtain therapy, and awarded her maintenance in the sum of $110 per week for a period of two years.
ORDERED that the appeal from the judgment dated July 14, 1989, is dismissed, without costs or disbursements, as that judgment was superseded by the amended judgment dated November 30, 1989; and it is further
ORDERED that the amended judgment is modified, by deleting the fourth decretal paragraph thereof which directed the wife to obtain therapy, and by deleting from the fifth decretal paragraph thereof the word "two", and substituting therefor the word "four"; as so modified, the amended judgment is affirmed insofar as appealed from, without costs or disbursements.
The parties were married in 1971, and their only child, Rachel, was born in 1983. In 1986, the plaintiff husband moved out of the marital residence, and Rachel continued to reside with the defendant wife. The husband commenced this action for a divorce, and, following a nonjury trial, the court granted custody of Rachel to the wife and liberal visitation to the husband. In addition, the court directed the wife to "obtain counseling in an effort to change her behavioral patterns in the direction of becoming more relaxed and less compulsive with the infant Rachel". On appeal, the wife contends that the court erred in directing her to obtain counseling, and we agree. While it may be appropriate for a court in a custody proceeding to order the parties and children to undergo counseling under the court's direction and supervision in connection with a program of visitation or to assist in a custody determination (see, e.g., Resnick v. Zoldan, 134 A.D.2d 246, 520 N.Y.S.2d 434), the court had no authority to impose an open-ended obligation on the wife to obtain future counseling as an implied condition of its custody determination (cf., Nacson v. Nacson, 166 A.D.2d 510, 560 N.Y.S.2d 792; Schneider v. Schneider, 127 A.D.2d 491, 511 N.Y.S.2d 847...
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