Joseph YY. v. Terri YY.

75 A.D.3d 863, 905 N.Y.S.2d 352
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 15, 2010
StatusPublished
Cited by14 cases

This text of 75 A.D.3d 863 (Joseph YY. v. Terri YY.) 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
Joseph YY. v. Terri YY., 75 A.D.3d 863, 905 N.Y.S.2d 352 (N.Y. Ct. App. 2010).

Opinion

Egan Jr., J.

Appeal from an order of the Family Court of Schenectady County (Powers, J.), entered April 1, 2009, which, among other things, dismissed respondent’s application, in two proceedings pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two daughters born in 1997 and 2001, and have been involved in ongoing and acrimonious custody and visitation disputes since the parties’ separation in 2006. In April 2006, Family Court granted a temporary order of joint custody, with the mother having primary physical custody and the father having certain parenting time as supervised by the mother. In May 2006, due to the mother’s allegations that the father was harassing her during his parenting time, Family Court directed that the father’s visitation be conducted under the auspices of the Law, Order and Justice Center. Petitions were thereafter filed by both parties—the father alleging that the mother failed to comply with visitation as ordered and the mother alleging that she was physically unable to remove the children from the car as they did not want to see their father. The record does indeed reflect that the children have been consistently unwelcoming and even hostile toward the father during supervised visitation.

To aid in the resolution of these ongoing visitation disputes, in August 2006, Family Court directed that the parties undergo a psychological evaluation, which was conducted by David Horenstein. During this evaluation, the mother reported that she believed the father to be a pedophile, that the younger child disclosed to her a questionable incident in which the father touched her on her “tickle spot” between her legs, and that her now adult child from a previous relationship disclosed that, when she was 12 or 13 years old, the father requested that she remove her clothes. During this evaluation, the older child denied that the father ever touched her on this “tickle spot.” Horenstein noted that the children’s accountings of their father’s alleged inappropriate behavior seemed to be verbatim with reports made by the mother, and he opined, among other things, that the children displayed “classical evidence of having been alienated from their father” as a result of the influence of the mother.

[865]*865In November 2006, the parties entered into an order on consent, which granted the parties joint custody, granted the mother physical custody and granted the father supervised visitation at the Law, Order and Justice Center. Thereafter, between January and June 2007, a number of petitions were filed by both parties alleging violations of the visitation requirements set forth in the November 2006 custody order and also seeking modification of that order. In June 2007, during the midst of these ongoing disputes, the older child disclosed an incident of sexual abuse by the father that was alleged to have occurred in 2004—when she was seven years old. The allegations were investigated criminally, but charges were not pursued. The Department of Social Services deemed the allegations unfounded. Meanwhile, Family Court ordered a second psychological evaluation of the parties, which was conducted by Paul Partridge. During this second evaluation, the older child did not disclose any allegations of sexual abuse, but the younger child disclosed, among other things, that the father “used to touch our tickle spots when he was driving.” Partridge noted that “[t]he recent allegation by [the older child] that she was sexually abused is apparently in the process of investigation ... Of course, it goes without saying that if the allegations are true that this would and should result in dire consequences for the custody and visitation arrangements for [the father].” Partridge opined that, even if the allegations of sexual abuse are determined to be unfounded, there was little hope for establishing an appropriate father-child relationship outside of therapeutic visitation.

Notwithstanding the allegations of sexual abuse, in January 2008, the parties agreed in open court to an order, which was entered as an amended order in February 2008 and which continued joint legal custody of the children, with primary physical custody to the mother and, among other things, ordered therapeutic visitation between the father and the children “under the auspices of Union Street Counseling Services” (hereinafter USC). Within days after consenting to this order, the mother brought the children to Aaron Hoorwitz for a sexual abuse evaluation. In March 2008, the father filed a petition alleging that the mother violated the February 2008 order by failing to comply with the directive for therapeutic visitation. In April 2008, based on Hoorwitz’s findings that he was “inclined to believe” that the older child had been sexually abused and that continued forced visitation with the father would be harmful, the mother filed a petition seeking the elimination of the father’s supervised therapeutic visitation until the children “can be further evaluated and treated for sexual trauma.” After [866]*866a trial which took place over seven days between July 2008 and January 2009 and at which numerous witnesses testified, including competing expert psychologists and other mental health professionals, Family Court dismissed the mother’s petition, finding that she failed to establish the requisite change in circumstances.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Nicole R. v. Richard S.
2020 NY Slip Op 3439 (Appellate Division of the Supreme Court of New York, 2020)
Matter of Richard GG. v. M. Carolyn GG.
2019 NY Slip Op 1268 (Appellate Division of the Supreme Court of New York, 2019)
Matter of Beesmer v. Amato
2018 NY Slip Op 4403 (Appellate Division of the Supreme Court of New York, 2018)
Matter of Eller v. Eller
126 A.D.3d 1242 (Appellate Division of the Supreme Court of New York, 2015)
Matter of Vachaviolos v. Rosa
123 A.D.3d 731 (Appellate Division of the Supreme Court of New York, 2014)
Paul A. v. Shaundell LL.
117 A.D.3d 1346 (Appellate Division of the Supreme Court of New York, 2014)
Yeager v. Yeager
110 A.D.3d 1207 (Appellate Division of the Supreme Court of New York, 2013)
HOWELL, PATRICK A. v. LOVELL, FAATIMAH A.
103 A.D.3d 1229 (Appellate Division of the Supreme Court of New York, 2013)
Kimberly CC. v. Gerry CC.
86 A.D.3d 728 (Appellate Division of the Supreme Court of New York, 2011)
Lagano v. Soule
86 A.D.3d 665 (Appellate Division of the Supreme Court of New York, 2011)
Dobies v. Brefka
83 A.D.3d 1148 (Appellate Division of the Supreme Court of New York, 2011)
Holland v. Holland
80 A.D.3d 807 (Appellate Division of the Supreme Court of New York, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
75 A.D.3d 863, 905 N.Y.S.2d 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-yy-v-terri-yy-nyappdiv-2010.