Matter of Brandon D. v. Taylor E.

Summary

The Appellate Division, Third Department held that Family Court erred in dismissing the father's petition to modify custody and visitation for lack of standing. Because the criminal court's order of protection expressly permitted contact authorized by a Family Court order, the father could seek contact with the child. The court reversed and remitted the matter to Family Court for further proceedings and updated fact-finding, if necessary, concerning the child's best interests and an appropriate visitation order.

Holdings

1. The father was not precluded from seeking contact with the child because the order of protection expressly authorized a subsequent Family Court order permitting contact; therefore, Family Court erred in dismissing the petition for lack of standing.
2. The father established the requisite change in circumstances, so the court was required to determine what, if any, contact with the father was in the child's best interests.
3. The matter must be remitted to Family Court for further updated fact-finding, if necessary, and for fashioning of a visitation order consistent with the child's best interests.

Questions Presented

1. Whether the father lacked standing to seek modification of custody and visitation because the criminal order of protection prohibited contact with the mother and child.
2. Whether the father established a change in circumstances warranting a best-interests determination regarding contact with the child.
3. Whether the matter should be remitted for updated fact-finding and fashioning of a visitation order.

Disposition

reversed_and_remanded