Craig S. v. Donna S.

Appellate Division of the Supreme Court of New York

Craig S. v. Donna S.

101 A.D.3d 505, 954 N.Y.2d 876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 2012

StatusPublished

This text of 101 A.D.3d 505 (Craig S. v. Donna S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig S. v. Donna S., 101 A.D.3d 505, 954 N.Y.2d 876 (N.Y. Ct. App. 2012).

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Opinion

There is a sound and substantial evidentiary basis for the Family Court’s determination that it is not in the subject child’s best interest to award petitioner visitation (Corsell v Corsell, 101 AD2d 766 [1st Dept 1984]). The evidence establishes that petitioner’s lack of visitation with the subject child, over a period of many years, was the result of his own inaction and not due to the mother’s interference. Moreover, the record supports the court’s determination that visitation would have a negative impact on the child’s emotional well-being (see Matter of Frank M. v Donna W., 44 AD3d 495 [1st Dept 2007]; Matter of Mohabir v Singh, 78 AD3d 1056 [2d Dept 2010]). Finally, under the circumstances, the court properly provided for limited written communication with the child, which the child may read at her discretion (see Matter of Tristram K., 65 AD3d 894 [1st Dept 2009]). Concur — Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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There is a sound and substantial evidentiary basis for the Family Court’s determination that it is not in the subject child’s best interest to award petitioner visitation (Corsell v Corsell, 101 AD2d 766 [1st Dept 1984]). The evidence establishes that petitioner’s lack of visitation with the subject child, over a period of many years, was the result of his own inaction and not due to the mother’s interference. Moreover, the record supports the court’s determination that visitation would have a negative impact on the child’s emotional well-being (see Matter of Frank M. v Donna W., 44 AD3d 495 [1st Dept 2007]; Matter of Mohabir v Singh, 78 AD3d 1056 [2d Dept 2010]). Finally, under the circumstances, the court properly provided for limited written communication with the child, which the child may read at her discretion (see Matter of Tristram K., 65 AD3d 894 [1st Dept 2009]). Concur — Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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Bluebook (online)

101 A.D.3d 505, 954 N.Y.2d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-s-v-donna-s-nyappdiv-2012.

Opinion

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