Opinion
2013-11-27
In the Matter of DIANA B. (Anonymous), appellant-respondent, v. LORRY B. (Anonymous), respondent-appellant.
Lois Schwaeber, Bethpage, N.Y. (Marc Andrew Kramer of counsel), for appellant-respondent. Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David Bernstein of counsel), for respondent-appellant.
Lois Schwaeber, Bethpage, N.Y. (Marc Andrew Kramer of counsel), for appellant-respondent. Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and David Bernstein of counsel), for respondent-appellant.
Wayne T. Marks, Huntington, N.Y., attorney for the child.
In a proceeding pursuant to Family Court Act article 6, the maternal grandmother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Stack, J.H.O.), dated August 23, 2012, as awarded the mother liberal supervised visitation with the subject child, and the mother cross-appeals, as limited by her brief, from stated portions of the same order.
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
In adjudicating visitation rights, the most important factor to be considered is the best interests of the child ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260). “[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 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 of Grisanti v. Grisanti, 4 A.D.3d 471, 473, 772 N.Y.S.2d 700). The determination of whether visitation should be supervised is a matter left to Family Court's sound discretion, and its findings will not be disturbed on appeal unless they lack a sound basis in the record ( see Matter of Lorraine D. v. Widmack C., 79 A.D.3d 745, 746, 912 N.Y.S.2d 633; Matter of Smith v. Roberts, 67 A.D.3d 688, 689, 886 N.Y.S.2d 905). Here, the Family Court's determination to award liberal visitation to the mother, and to require that such visitation should be supervised, has a sound basis in the record.
The mother's remaining contentions are without merit. RIVERA, J.P., DILLON, ROMAN and MILLER, JJ., concur.