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Matter of Nancy v. Brian

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 404 (N.Y. App. Div. 1996)

Opinion

May 6, 1996

Appeal from the Family Court, Queens County (Freeman, J.).


Ordered that the order is affirmed, without costs or disbursements.

"Visitation is a joint right of the noncustodial parent and of the child" ( Weiss v. Weiss, 52 N.Y.2d 170, 175). Absent extraordinary circumstances where visitation would be detrimental to the child's well-being, a noncustodial parent has a right to reasonable visitation privileges ( Twersky v. Twersky, 103 A.D.2d 775, 776; see, Weiss v. Weiss, supra, at 175). Additionally, the hearing court's determination will not be set aside or modified unless it lacks a sound and substantial basis ( see, Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113). Here, the Family Court correctly determined that there was an insufficient showing that unsupervised visitation would be detrimental to the child's well-being ( see, Matter of Gerald D. v. Lucille S., 188 A.D.2d 650).

The mother's remaining contentions lack merit. Thompson, J.P., Santucci, Joy and Altman, JJ., concur.


Summaries of

Matter of Nancy v. Brian

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 404 (N.Y. App. Div. 1996)
Case details for

Matter of Nancy v. Brian

Case Details

Full title:In the Matter of NANCY M., Appellant, v. BRIAN M., Respondent. (Proceeding…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 6, 1996

Citations

227 A.D.2d 404 (N.Y. App. Div. 1996)
642 N.Y.S.2d 66

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