From Casetext: Smarter Legal Research

Matter of Youngblood v. Amrhein

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 475 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

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


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

Before denying visitation to a noncustodial parent, the court should conduct a full inquiry into the matter, to determine if there are any potentially deleterious effects of such visits on the child (see, Matter of Wise v. Del Toro, 122 A.D.2d 714). The record shows that the court did not conduct the required inquiry in the present situation. Although a fact-finding hearing was held, only the petitioner father and the respondent mother testified. Neither expert testimony nor evaluations of the possible impact on the son by the proposed visitation were introduced at the hearing. Accordingly, we remit the matter to the Family Court, Queens County, for appropriate evaluations and studies before a determination on visitation is made. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

Matter of Youngblood v. Amrhein

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 475 (N.Y. App. Div. 1995)
Case details for

Matter of Youngblood v. Amrhein

Case Details

Full title:In the Matter of GUY YOUNGBLOOD, Appellant, v. EVA M. AMRHEIN, Respondent

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 475 (N.Y. App. Div. 1995)
628 N.Y.S.2d 386

Citing Cases

John R. v. Marlene C

Michael, born on May 8, 1995, is now three years old. He was eight months old when his mother died of gunshot…

Matter of Ciulla v. McGee

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to…