Telfer v. Pickard
Opinion of the Court
Appeal from an order of the Family Court of Broome County (Connerton, J), entered August 10, 2011, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of visitation.
“A petitioner seeking to modify an existing visitation order must demonstrate a change in circumstances that reflects a genuine need for the modification so as to ensure the best interests of the child” (Matter of Sumner v Lyman, 70 AD3d 1223, 1224 [2010], lv denied 14 NY3d 709 [2010] [internal quotation marks and citations omitted]; accord Matter of Klee v Schill, 95 AD3d 1599, 1600 [2012]). Further, it is presumed that visitation with the noncustodial parent is in the child’s best interests, even when that parent is incarcerated (see Matter of Chambers v Renaud, 72 AD3d 1433, 1434 [2010]; Matter of Tanner v Tanner, 35 AD3d 1102, 1103 [2006]). Finally, having to travel a long distance “does not necessarily preclude visitation” (Matter of Culver v Culver, 82 AD3d 1296, 1299 [2011], appeal dismissed 16 NY3d 884 [2011], lv denied 17 NY3d 710 [2011]). Here, we discern no error in Family Court’s determination that there has been a change in circumstances warranting modification of the prior order of visitation. Moreover, given the circumstances presented, we find no reason to disturb Family Court’s determination that three visits per year is in the child’s best interests (see generally Matter of Miller v Fedorka, 88 AD3d
Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Family Court also found that the mother had willfully violated the March 2007 order, but imposed no penalty, and the mother does not raise any argument with respect to this issue in her appellate brief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.