Sepulveda v. Perez
Opinion of the Court
Furthermore, contrary to the mother’s contention, the Family Court did not err in modifying a prior order of visitation so as to require that her visitation with the child be supervised without conducting a hearing on that issue. Once a visitation order is entered, it may be modified only where “there has been a subsequent change of circumstances and modification is required” (Family Ct Act § 467 [b]; see Matter of Wilson v Mc-Glinchey, 2 NY3d 375, 380 [2004]). Although, in general, an evidentiary hearing is necessary regarding a modification of visitation, “a hearing will not be necessary where the court possesses
However, the Family Court erred in granting that branch of the motion of the attorney for the child which was to prohibit the mother from engaging in any communications with the media about this case, about the respondent, or about the subject child, and to prohibit her from providing any personal information relating to the subject child to any website or Internet location (see Matter of Anonymous v Anonymous, 203 AD2d 283 [1994]; cf. Matter of Katherine B., 189 AD2d 443 [1993]; Matter of National Broadcasting Co. v Cooperman, 116 AD2d 287 [1986]; Matter of Markfield v Association of Bar of City of N.Y., 49 AD2d 516 [1975]). Although we recognize that communications or disclosures made by the mother which are inconsistent with the best interests of the child would serve to support the additional curtailment of the mother’s parental rights or the issuance of an order limiting her communications (see e.g. Matter of Luis O. v Jessica S., 89 AD3d 735 [2011]; Matter of Greene v Gordon, 7 AD3d 528, 529 [2004]), our review of the record before us indicates that the attorney for the child failed to adduce sufficient evidence to justify such relief at this time.
The mother’s remaining contentions are without merit. Mastro, A.EJ., Chambers, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.