Matter of Walden v. Hoskins

Appellate Division of the Supreme Court of New York

Matter of Walden v. Hoskins

2017 NY Slip Op 5100, 151 A.D.3d 981, 54 N.Y.S.3d 311

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

DecidedJune 21, 2017

Docket2016-10299

StatusPublished

This text of 2017 NY Slip Op 5100 (Matter of Walden v. Hoskins) 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

Matter of Walden v. Hoskins, 2017 NY Slip Op 5100, 151 A.D.3d 981, 54 N.Y.S.3d 311 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal from an order of the Family Court, Queens County (Connie Gonzalez, J.), dated September 6, 2016. The order, insofar as appealed from, only awarded the mother “weekend overnight visits” with the subject child every other weekend.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In this custody proceeding, the parties agreed to an award of joint legal custody of the subject child, with sole physical custody to the father. However, the parties were unable to reach an agreement as to whether the mother was entitled to “weekend overnight visits” with the child every weekend, as she sought, or every other weekend. In an order dated September 6, 2016, the Family Court, among other things, awarded the mother “weekend overnight visits” with the child every other weekend. The mother appeals from so much of the *982 order as limited her to “weekend overnight visits” every other weekend.

“The determination of visitation issues is entrusted to the sound discretion of the Family Court and will not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Pagan v Gray, 148 AD3d 811, 812 [2017]). Here, the Family Court’s determination to limit the mother’s “weekend overnight visits” with the child to every other weekend was supported by a sound and substantial basis in the record, as the mother’s request for overnight visits every weekend would deprive the father of significant quality time with the child (see Matter of Razdan v Mendoza-Pautrat, 137 AD3d 1149, 1150 [2016]).

The mother’s remaining contentions are without merit.

Accordingly, the Family Court providently exercised its discretion in awarding the mother “weekend overnight visits” with the child every other weekend.

Eng, P.J., Leventhal, Sgroi and Maltese, JJ., concur.

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

Appeal from an order of the Family Court, Queens County (Connie Gonzalez, J.), dated September 6, 2016. The order, insofar as appealed from, only awarded the mother “weekend overnight visits” with the subject child every other weekend.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In this custody proceeding, the parties agreed to an award of joint legal custody of the subject child, with sole physical custody to the father. However, the parties were unable to reach an agreement as to whether the mother was entitled to “weekend overnight visits” with the child every weekend, as she sought, or every other weekend. In an order dated September 6, 2016, the Family Court, among other things, awarded the mother “weekend overnight visits” with the child every other weekend. The mother appeals from so much of the *982 order as limited her to “weekend overnight visits” every other weekend.

“The determination of visitation issues is entrusted to the sound discretion of the Family Court and will not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Pagan v Gray, 148 AD3d 811, 812 [2017]). Here, the Family Court’s determination to limit the mother’s “weekend overnight visits” with the child to every other weekend was supported by a sound and substantial basis in the record, as the mother’s request for overnight visits every weekend would deprive the father of significant quality time with the child (see Matter of Razdan v Mendoza-Pautrat, 137 AD3d 1149, 1150 [2016]).

The mother’s remaining contentions are without merit.

Accordingly, the Family Court providently exercised its discretion in awarding the mother “weekend overnight visits” with the child every other weekend.

Eng, P.J., Leventhal, Sgroi and Maltese, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 5100, 151 A.D.3d 981, 54 N.Y.S.3d 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-walden-v-hoskins-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack