Opinion
2000-11209
Submitted October 28, 2002.
November 18, 2002.
In a proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Croiter, R.), dated November 8, 2000, which granted the father's application for unsupervised visitation with the child in Florida.
Carol Kahn, New York, N.Y., for appellant.
Robert Hausner, Mineola, N.Y., Law Guardian for the child.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
A noncustodial parent is entitled to meaningful visitation, and 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 Bradley v. Wright, 260 A.D.2d 477; cf. Matter of MacEwen v. MacEwen, 214 A.D.2d 572; Matter of Vanderhoff v. Vanderhoff, 207 A.D.2d 494). Further, the determination of visitation is within the sound discretion of the hearing court based upon the best interests of the child (see Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113, 116), and its determination will not be set aside unless it lacks a substantial basis in the record (see Koppenhoefer v. Koppenhoefer, supra). Here, the referee's determination to grant the father unsupervised visitation in Florida has such a substantial basis.
The mother's remaining contentions are without merit.
FLORIO, J.P., S. MILLER, ADAMS and CRANE, JJ., concur.