Matter of Bradley v. Wright

Full title: In the Matter of RONALD BRADLEY, Appellant, v. NARQUITA WRIGHT, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 12, 1999

260 A.D.2d 477 (N.Y. App. Div. 1999)

686 N.Y.S.2d 327

Opinion

April 12, 1999

Appeal from the Family Court, Queens County (Fitzmaurice, J.).

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a hearing in accordance herewith.

A noncustodial parent is entitled to meaningful visitation. Denial of that right is so drastic that it must be based on substantial evidence that visitation would be detrimental to the welfare of the child (see, Matter of MacEwen v. MacEwen, 214 A.D.2d 572; Matter of Vanderhoff v. Vanderhoff, 207 A.D.2d 494). Under the circumstances of this case, the Family Court erred in denying the father visitation without conducting an evidentiary hearing (see, Pica v. Pica, 96 A.D.2d 836; Heely v. Heely, 69 A.D.2d 810; Kresnicka v. Kresnicka, 48 A.D.2d 929).

Mangano, P. J., Bracken, Krausman and Goldstein, JJ., concur.