Opinion
9767
06-27-2019
In re PRINCETTA S.S., Petitioner–Appellant, v. FELIX Z.J., Respondent–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), for respondent.
Tennille M. Tatum–Evans, New York, for appellant.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Singh, JJ.
Order, Supreme Court, New York County (Tandra L. Dawson, J.), entered on or about October 26, 2015, which dismissed the mother's petition for modification of visitation, unanimously reversed, on the law, without costs, and the matter remanded for a hearing to determine if a change in the current visitation schedule would be in the child's best interests.
The mother's allegations that the father had been making baseless accusations that she was subjecting the child to sexual abuse constituted a change in circumstances sufficient to warrant a hearing to determine if modification of the parties' visitation schedule would be in the child's best interest (see Fargasch v. Alves, 116 A.D.3d 774, 775–776, 983 N.Y.S.2d 607 [2d Dept. 2014] ; see also Mildred S.G. v. Mark G., 62 A.D.3d 460, 461, 879 N.Y.S.2d 402 [1st Dept. 2009] ). Moreover, the mother's assertion that the now almost nine-year-old child's position on visitation had changed, that she presently wanted to be able to spend one weekend per month with the mother, if true, would also constitute a change in circumstances (see Matter of Athena H.M v. Samuel M., 143 A.D.3d 561, 561–562, 38 N.Y.S.3d 898 [1st Dept. 2016] ). Indeed, the current order does not allow the child to have any parenting time with the mother on the weekends. The mother also alleges that the father was not taking the child to her extracurricular activities as required.