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MOM (WITH VIOLENT PAST) GRANTED VISITATION

FATHER & MOTHER-IN-LAW WERE INTERFERING

After the mother’s request for monthly visitation with her child was granted by the New York County Family Court, the father appealed to the Appellate Division, First Department.

Because there was a “sound and substantial basis” for the underlying determination, the AD1 affirmed the outcome. It found the testimony of the court-appointed forensic psychologist to be quite persuasive. Apparently, that individual was of the view the father and paternal grandmother caused the child to feel “alienated from her mother.”

And while the mother had a history of violent episodes – which purportedly included threatening the father with a knife in the child’s presence – considerable weight was given to the expert’s view that the mother recognized the inappropriateness of her past conduct and had shown “a willingness to take steps to control her anger and frustration.”

Absent evidence that the child would suffer any “physical or emotional harm” occasioned by the visits, the Family Court’s order was left undisturbed.

No revisiting that.

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Matter of D. C. v J. O.

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