Opinion
February 18, 1999
Appeal from the Family Court of Ulster County (Work, J.).
After a trial on eight petitions alleging various violations of the custody and visitation provisions of the judgment, Family Court modified the visitation schedule to, among other things, eliminate petitioner's Tuesday visitation and to allow for alternate Thursday visitation to coincide with the alternate weekend when petitioner does not have visitation. Petitioner appeals.
The only issue on appeal is whether Family Court erred by modifying the visitation schedule. It is fundamental that the best interests of the children are the paramount concern in determining a visitation schedule, and that Family Court is vested with discretion in deciding the matter ( see, Domestic Relations Law § 240; see also, Matter of Baker v. Ratoon, 251 A.D.2d 921, 923; Matter of Wright v. Wright, 88 A.D.2d 1008, 1008-1009). Here, the court had before it evidence that petitioner's weekly Tuesday and Thursday visitation disrupted the children's school work, and further, that these weekly visits were a source of tension, and anger between the parties and were adversely affecting the children. Additionally, while not determinative, we note that Family Court's ultimate decision was in accordance with the Law Guardian's recommendation ( see, Matter of Morehouse v. Morehouse, 251 A.D.2d 710, 711). In short, the record evidence fully justifies Family Court's determination to modify petitioner's visitation schedule as it did.
Mikoll, J. P., Spain, Carpinello and Graffeo, JJ., concur.
Ordered that the order is affirmed, without costs.