Summary
This Appellate Division decision affirms the Family Court's denial of a father's petition for parental access to his nearly 17-year-old child. The court held that the trial court properly exercised its discretion by considering the child's age, maturity, and expressed wishes, which indicated a strained relationship with the father. Citing established precedent, the appellate court found no substantial evidence that granting access would be detrimental to the child's welfare. The father's remaining arguments were deemed unpreserved and without merit.
Topics
Practice areas
Questions Presented
- Whether the Family Court's denial of the father's petition for parental access was supported by substantial evidence and not an abuse of discretion
Holdings
- The order of the Family Court denying the father's petition for parental access is affirmed because the trial court exercised its sound discretion based on the best interests of the child and the denial was supported by substantial evidence.
Key quotations
“Parental access is a joint right of the noncustodial parent and of the child”
Factual background
The parties are unmarried parents of a child born in May 2007 who has lived with the mother since 2009. In January 2016 the father petitioned for parental access; the Family Court denied the petition. The child is now almost 17 and has a strained relationship with the father.
Procedural history
Father filed a petition for parental access in the Kings County Family Court; the court denied the petition; father appealed to the Appellate Division.