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IN RE: CONNIE L.C., Petitioner-Respondent, v. EDWARD C.B., Respondent-Appellant.
Petitioner mother commenced this proceeding seeking modification of a prior order establishing respondent father's visitation schedule with the parties' 14-year-old child by requiring visitation only in the event that the child agrees to visit with the father. We conclude that Family Court properly denied the petition insofar as it sought visitation based solely upon the child's agreement to such visitation (see Matter of Jeffrey T. v. Julie B., 35 A.D.3d 1222, 829 N.Y.S.2d 767; see generally Labanowski v. Labanowski, 4 A.D.3d 690, 692-693, 772 N.Y.S.2d 734), but we further conclude that the court erred in modifying the prior order by altering the existing visitation schedule, thereby reducing the father's visitation. “ Once a visitation order is entered, it may be modified only ‘upon a showing that there has been a subsequent change of circumstances and modification is required’ ” (Matter of Wilson v. McGlinchey, 2 N.Y.3d 375, 380, 779 N.Y.S.2d 159, 811 N.E.2d 526; see Matter of Sullivan v. Sullivan, 40 A.D.3d 865, 866, 836 N.Y.S.2d 259), and here the mother made no such showing.
It is hereby ORDERED that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the second through fourth ordering paragraphs are vacated.
MEMORANDUM:
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Decided: November 09, 2007
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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