Matter of Paliani v. Selapack

Summary

The Appellate Division, Fourth Department affirmed orders granting an order of protection and finding that the respondent willfully violated a custody order. The court upheld supervised visitation, concluding that the father established the family offense and custody-order violation and that supervised visitation was supported by the record and the child's best interests.

Holdings

1. The father established by a preponderance of the evidence that the mother committed aggravated harassment in the second degree, and the Family Court's credibility determinations were supported by the record.
2. The father established by clear and convincing evidence that the mother willfully violated the custody order by failing to notify him of the child's medical issues as soon as reasonably possible.
3. The Family Court properly directed that the mother's visitation be supervised because the record provided a sound and substantial basis for finding that supervised visitation was in the child's best interests.

Questions Presented

1. Whether the father established by a preponderance of the evidence that the mother committed aggravated harassment in the second degree.
2. Whether the father established by clear and convincing evidence that the mother willfully violated the custody order by failing to timely notify him of the child's medical issues.
3. Whether the Family Court properly directed that the mother's visitation with the child be supervised.

Disposition

affirmed