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Matter of Graves v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 844 (N.Y. App. Div. 1999)

Opinion

Argued June 10, 1999

September 27, 1999

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Pearce, J.), dated December 2, 1997, which, after a fact-finding hearing, modified the visitation schedule set forth in a prior order of the same court, dated March 2, 1993, to provide that visitation is to take place only under the supervision of a duly-certified mental health professional or his or her designee until the father obtains therapy, and until his therapist and the child's therapist agree on unsupervised contacts.

Jaha Smith, New York, N.Y., appellant pro se.

Kenneth Jaffe, Long Beach, N.Y., Law Guardian for the child.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, and LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law and the facts, without costs or disbursements, and the visitation schedule contained in the order dated March 2, 1993, is reinstated.

We agree with the father that the Family Court erred in conditioning unsupervised visits upon the father obtaining therapy. While the Family Court may order a parent or child to be examined by a psychiatrist and may consider the report before arriving at its judgment as to custody and/or visitation rights, the court has no power to compel a party to undergo therapy before considering awarding visitation to the party ( see, Matter of Paris v. Paris, 95 A.D.2d 857; Matter of Grado v. Grado, 44 A.D.2d 854).

To be meaningful, visitation must be frequent and regular ( Weiss v. Weiss, supra 52 N.Y.2d 170, 175; Daghir v. Daghir, 82 A.D.2d 191, affd. 56 N.Y.2d 938). Here, there was an insufficient showing that unsupervised visitation would be detrimental to the child's well-being ( see, Matter of Nancy M. v. Brian M., 227 A.D.2d 404; Matter of Gerald D. v. Lucille S., 188 A.D.2d 650).

BRACKEN, J.P., SANTUCCI, GOLDSTEIN, and McGINITY, JJ., concur.


Summaries of

Matter of Graves v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 844 (N.Y. App. Div. 1999)
Case details for

Matter of Graves v. Smith

Case Details

Full title:In the Matter of VALERIE GRAVES, respondent, v. JAHA SMITH, appellant

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

Date published: Sep 27, 1999

Citations

264 A.D.2d 844 (N.Y. App. Div. 1999)
696 N.Y.S.2d 181

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