Matter of Shirley XX. v. Molly YY.

Summary

The New York Appellate Division, Third Department, upheld an order granting a maternal grandmother limited visitation with the child. The court held that the grandmother established standing under Domestic Relations Law § 72 through her substantial caretaking role and that visitation was in the child's best interests despite the mother's objections. The court modified the order to require six months of therapeutic contact between the grandmother and child before in-person visitation begins.

Holdings

1. The grandmother established standing to petition for visitation because she had a sufficient existing relationship with the child and had made considerable efforts to maintain that relationship despite the mother's restrictions.
2. Family Court properly determined that visitation with the grandmother was in the child's best interests; the determination had a sound and substantial basis in the record.
3. Family Court did not improperly place responsibility for facilitating transportation on the mother because the order assigned the grandmother responsibility to travel to the child or provide transportation when the child lived more than 50 driving miles away and the mother was unwilling or unable to provide transportation.
4. Given the child's lack of contact with the grandmother since November 2025 and the strained relationship, the order should be modified to require six months of therapeutic contact before the in-person visitation schedule begins.

Questions Presented

1. Whether the grandmother established standing under Domestic Relations Law § 72 to seek visitation with the child.
2. Whether Family Court's determination that visitation with the grandmother was in the child's best interests had a sound and substantial basis in the record.
3. Whether Family Court improperly required the mother to bear responsibility for facilitating transportation for visitation.
4. Whether changed circumstances warranted requiring therapeutic contact before the visitation schedule took effect.

Disposition

affirmed