Matter of Tristan R. (Daniel R.)

Summary

The Appellate Division, First Department affirmed a Family Court order authorizing only agency-supervised visitation between the respondent father and his child. The court held that the determination was supported by a sound and substantial basis in the record, including concerns about the father's discipline of a child with significant special needs and his anger control.

Holdings

1. Family Court properly determined that agency-supervised visitation served the child's best interests, and its determination had a sound and substantial basis in the record.
2. To the extent the visitation determination rested on witness credibility and the father's character and temperament, Family Court's findings were entitled to the greatest respect.

Questions Presented

1. Whether Family Court properly modified the prior visitation order to authorize agency-supervised visitation only.
2. Whether the record provided an evidentiary basis for finding that unsupervised visitation would negatively affect the child's well-being.

Disposition

affirmed