Opinion
11362 Dkt. V-02937-10/17B
04-09-2020
In re BYRON M., Petitioner–Respondent, v. SASHA A., Respondent–Respondent.
Cedeno Law Group, P.L.L.C., New York (Sandra Spennato of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Cedeno Law Group, P.L.L.C., New York (Sandra Spennato of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.
Friedman, J.P., Kapnick, Webber, González, JJ.
Order, Family Court, New York County (Jacob K. Maeroff, Referee), entered on or about April 5, 2019, which, inter alia, after a hearing, granted petitioner father three therapeutic supervised visits with the subject child, unanimously affirmed, without costs.
There is a rebuttable presumption that visitation by a noncustodial parent is in the child's best interest and should be denied only in exceptional circumstances (see Matter of Granger v. Misercola, 21 N.Y.3d 86, 90–91, 967 N.Y.S.2d 872, 990 N.E.2d 110 [2013] ; Matter of Ronald C. v. Sherry B., 144 A.D.3d 545, 546, 42 N.Y.S.3d 2 [1st Dept. 2016], lv dismissed 29 N.Y.3d 965, 51 N.Y.S.3d 498, 73 N.E.3d 855 [2017] ). Here, the presumption that petitioner and the child should visit with each other was not rebutted as there was no evidence in the record that visitation with petitioner would place the child in any physical danger or that it would harm her by producing serious emotional strain or disturbance. Nor are there exceptional circumstances to support a finding that petitioner forfeited his right to visitation.
Contrary to the argument by the attorney for the child, the Family Court considered the child's position after conducting an in camera interview. While the child's wishes are some indication of what is in her best interests and "are entitled to great weight" ( Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014] [internal quotation marks omitted] ), those expressed wishes are only one factor to be considered and do not dictate a certain result in determining the best interests of the child (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ).