Opinion
9872
09-24-2019
In re SEAN B., Petitioner–Respondent, v. ERICA C., Respondent–Appellant.
Leslie S. Lowenstein, Woodmere, for appellant. Deborah D. Clegg, Croton Falls, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Leslie S. Lowenstein, Woodmere, for appellant.
Deborah D. Clegg, Croton Falls, for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.
Order, Family Court, Bronx County (David J. Kaplan, J.), entered on or about November 7, 2018, which granted petitioner father sole legal and physical custody of the subject child and provided for semimonthly therapeutic supervised visitation with respondent mother, unanimously affirmed, without costs.
Family Court's determination that supervised therapeutic visitation with the mother would be in the child's best interest has a sound and substantial basis in the record (see Matter of Michael Evan W. v Pamela Lyn B., 152 A.D.3d 414, 58 N.Y.S.3d 45 [1st Dept. 2017], lv denied 30 N.Y.3d 910, 71 N.Y.S.3d, 94 N.E.3d 485 [2018] ; Matter of Arcenia K. v. Lamiek C., 144 A.D.3d 610, 42 N.Y.S.3d 124 [1st Dept. 2016] ). The court took judicial notice of an order finding that the mother had neglected the child by use of excessive corporal punishment and considered testimony indicating that she was "having a negative impact on the child's emotional well-being" ( Matter of Frank M. v. Donna W., 44 A.D.3d 495, 495, 844 N.Y.S.2d 22 [1st Dept. 2007] ; see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ). The court appropriately considered the wishes of the teenage child to remain in the sole custody of his father and have limited or no contact with his mother (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept. 2014] ).
We have considered the mother's remaining arguments and find them unavailing.