Opinion
CAF 03-00182
October 2, 2003.
Appeal from an order of Family Court, Monroe County (Gordon, Referee), entered March 12, 2002, which granted the petition seeking modification of the visitation provisions of the divorce judgment.
ANGELO T. CALLERI, P.C, ROCHESTER (ANGELO T. CALLERI OF COUNSEL), FOR RESPONDENT-APPELLANT.
JANICE A. LAHMAN, ROCHESTER, FOR PETITIONER-RESPONDENT.
ARDETH L. HOUDE, LAW GUARDIAN, ROCHESTER, FOR HEATHER B.
PRESENT: GREEN, J.P., WISNER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Family Court properly granted the petition seeking modification of the visitation provisions of the divorce judgment where, as here, petitioner demonstrated "a sufficient change in circumstances to warrant modification" ( Matter of Gutkaiss v. Leahy, 262 A.D.2d 681, 682). Petitioner established that the best interests of the child would be served by extending the frequency and duration of his visitation with the parties' child and by permitting petitioner to exercise his visitation rights away from respondent's residence ( see generally Matter of LaScola v. Litz, 258 A.D.2d 792, lv denied 93 N.Y.2d 809; Bittner v. Bittner, 132 A.D.2d 947). We reject respondent's contention that the court erred in admitting in evidence the communication of the child to her therapist. That communication, admitted with the consent of the Law Guardian, was material and necessary to the court's determination of the child's best interests ( see generally Perry v. Fiumano, 61 A.D.2d 512).