In re Aden A.
Opinion of the Court
Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, the joint application of the mother and maternal grandmother for visitation supervised only by the foster mother is denied, and visitation by the mother and maternal grandmother shall be supervised by the petitioner.
The Family Court improvidently exercised its discretion in granting the respondents’ application for visitation supervised only by the foster mother before conducting a full evidentiary hearing as to whether that visitation was in the best interests of the children (see Family Ct Act § 1030 [d]; Ingarra v Ingarra, 271 AD2d 573, 574 [2000]; Matter of Sitzer v Fay, 236 AD2d 475 [1997]; Matter of Madalyn R. v New York City Commr. of Soc. Servs., 242 AD2d 574 [1997]; Matter of Emerson v Nickerson, 205 AD2d 899 [1994]; Marks v Marks, 133 AD2d 742 [1987]). Under the facts of this case, it is appropriate for the visitation to be supervised by the petitioner. Rivera, J.P., Chambers, Austin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.