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Matter of MacEwen v. MacEwen

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 572 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the Family Court, Richmond County (Clark, J.).


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

It is well settled that a noncustodial parent should have reasonable rights of visitation, and that the denial of those rights is so drastic it must be based upon substantial evidence that visitation would be detrimental to the welfare of the child (see, Matter of Vanderhoff v Vanderhoff, 207 A.D.2d 494; Nacson v Nacson, 166 A.D.2d 510; Matter of Eric L. v Dorothy L., 130 A.D.2d 660). Thus, a noncustodial parent may be denied visitation where such visits are shown to adversely affect the child's emotional well-being (see, Nacson v Nacson, supra, at 510-511; 12 Zett-Edmonds-Buttrey-Kaufman, N Y Civ Prac: Family Ct Proceedings § 13.05, at 13-62-63). Here, the record, which includes the transcript of an in-camera interview with the child as well as testimony from the numerous experts, including the child's therapist, indicates that the Family Court's determination to suspend the mother's visitation rights has a sound basis and should not be disturbed (see, Nacson v Nacson, supra).

The remaining contentions are either without merit or do not require reversal. Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.


Summaries of

Matter of MacEwen v. MacEwen

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 572 (N.Y. App. Div. 1995)
Case details for

Matter of MacEwen v. MacEwen

Case Details

Full title:In the Matter of DONALD MacEWEN, Respondent, v. VERONICA MacEWEN, Appellant

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 572 (N.Y. App. Div. 1995)
625 N.Y.S.2d 75

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