Opinion
6649
05-24-2018
In re IAN C., Petitioner–Respondent, v. DESERY C., Respondent–Appellant.
Leslie S. Lowenstein, Woodmere, for appellant. Karen P. Simmons, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.
Leslie S. Lowenstein, Woodmere, for appellant.
Karen P. Simmons, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.
Friedman, J.P., Gische, Andrias, Kern, Oing, JJ.
Order, Family Court, Bronx County (Rosanna Mazzotta, Referee), entered on or about October 7, 2016, which, to the extent appealed from as limited by the briefs, upon petitioner father's motion to modify a visitation order, granted petitioner father visitation on alternate weekends from Friday afternoons to Sunday mornings, unanimously affirmed, without costs.
The determination that awarding alternate weekend visitation to petitioner was in the child's best interest has a sound and substantial basis in the record (see Matter of Frank M. v. Donna W., 44 A.D.3d 495, 844 N.Y.S.2d 22 [1st Dept. 2007] ; see also Nimkoff v. Nimkoff, 18 A.D.3d 344, 347, 797 N.Y.S.2d 3 [1st Dept. 2005] [child's best interest "is normally best protected by allowing the development of the fullest possible healthy relationship with both parents"] ). Contrary to respondent's contention, the court weighed respondent's purported desire that the child attend church with her every Saturday against the value of maintaining meaningful and regular visitation with petitioner. The court considered, among other things, the father's work schedule, the geographic distance between the households and respondent's continued efforts to obstruct petitioner's relationship with the child for reasons unrelated to her stated religious concerns or for no reason at all (see e.g. Matter of Larkin v. White, 79 A.D.3d 751, 915 N.Y.S.2d 83 [2d Dept. 2010] ; see also Szemansco v. Szemansco, 296 A.D.2d 686, 744 N.Y.S.2d 773 [3d Dept. 2002] ).