Opinion
10-04-2016
In re MELISSA G., Petitioner–Appellant, v. JOHN W., Respondent–Respondent.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant. Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for respondent. Carol L. Kahn, New York, attorney for the child.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for respondent.
Carol L. Kahn, New York, attorney for the child.
TOM, J.P., SWEENY, ANDRIAS, WEBBER, GESMER, JJ.
Order, Family Court, New York County (Gloria Sosa–Lintner, J.), entered on or about December 2, 2014, which, to the extent appealed from, after a hearing, supplemented the final order of custody entered on or about January 27, 2014, by awarding unsupervised visitation to the mother but only on specified conditions, unanimously affirmed, without costs.
Family Court's determination that unsupervised visitation with the mother, subject to conditions, is in the child's best interest, has a sound and substantial basis in the record (see Matter of Frank M. v. Donna W., 44 A.D.3d 495, 495–496, 844 N.Y.S.2d 22 [1st Dept.2007] ), and should not be disturbed (see Linda R. v. Ari Z., 71 A.D.3d 465, 465–466, 895 N.Y.S.2d 412 [1st Dept.2010] ). Family Court properly considered the testimony of the then 12–year–old child, who testified both in camera several times and in open court, as well as that of the mother, and concluded that the child would prefer to remain in New York with her father, with unsupervised visitation with her mother in Florida. The court was entitled to give weight to the wishes of this child, who has demonstrated insight and maturity throughout these proceedings (see Melissa C.D. v. Rene I.D., 117 A.D.3d 407, 408, 985 N.Y.S.2d 28 [1st Dept.2014] ).
Requiring the mother to comply with the specified conditions in the visitation order was not unreasonable or inappropriate (see Matter of John A. v. Bridget M., 16 A.D.3d 324, 331, 791 N.Y.S.2d 421 [1st Dept.2005], lv. denied 5 N.Y.3d 710, 804 N.Y.S.2d 34, 837 N.E.2d 733 [2005] ). The prior history of domestic violence (Matter of Melissa Marie G. v. John Christopher W., 57 A.D.3d 314, 869 N.Y.S.2d 81 [1st Dept.2008] ), was a factor to be considered in connection with the award of sole custody to the father, and the custody order has already been reviewed and affirmed as being in the child's best interest (Matter of John W. v. Melissa G., 129 A.D.3d 468, 9 N.Y.S.3d 868 [1st Dept.2015] ). The mother has not appealed from the order dismissing her modification petition.