Matter of Alijca Donkor v. Maxwell Donkor

Summary

The New York Appellate Division, Second Department, affirmed an amended Family Court order limiting the father's visitation with the youngest child to therapeutic visitation and permitting the mother to relocate with the children to Georgia. The court dismissed the appeal from the original order because it was superseded and dismissed as academic the portion concerning the eldest son, who had turned 18.

Holdings

1. The appeal from the November 27, 2018 order must be dismissed because the portions appealed from were superseded by the January 7, 2019 amended order.
2. The appeal from the portion of the amended order concerning the eldest son's custody and visitation was dismissed as academic because he had turned 18 and was no longer subject to those provisions.
3. The Family Court properly limited the father's visitation with the youngest child to therapeutic visitation.
4. The Family Court properly determined that relocation with the children to Georgia was in their best interests.

Questions Presented

1. Whether the Family Court properly modified the existing visitation order to limit the father's visitation with the youngest child to therapeutic visitation.
2. Whether the Family Court properly determined that relocation with the children to Georgia was in their best interests.
3. Whether the appeal concerning the eldest son's custody and visitation was academic after he turned 18.
4. Whether the appeal from the November 27, 2018 order was moot because that order was superseded by the January 7, 2019 amended order.

Disposition

affirmed