Matter of Joseph S. v. Jennifer R.

Summary

The New York Appellate Division, Third Department, affirmed a Family Court order modifying custody to grant the father primary physical custody, awarding the grandparents one weekend of visitation per month plus additional visitation, and continuing the mother's supervised parenting time. The court held that the visitation schedule and supervision requirement were supported by the record and that Family Court had not improperly delegated its authority.

Holdings

1. Family Court's grandparent-visitation schedule was supported by a sound and substantial basis in the record and would not be disturbed.
2. Family Court properly dismissed the mother's petition for unsupervised parenting time and continued supervised parenting time.
3. Family Court did not improperly delegate its authority by directing that the mother's supervised parenting time be arranged with the father and grandparents.

Questions Presented

1. Whether Family Court abused its discretion by awarding the grandparents one weekend of visitation per month, rather than visitation every other weekend.
2. Whether Family Court properly denied the mother's petition for unsupervised parenting time.
3. Whether Family Court improperly delegated its authority by directing that the terms of the mother's supervised parenting time be arranged with the father and grandparents.

Disposition

affirmed