IN RE: Rene MONTES (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that the amended order so appealed from is unanimously modified on the law by striking from the first ordering paragraph the words “and subject to periods of visitation with the Mother and the Father shall encourage [the child] to visit with her Mother,” and as modified the amended order is affirmed without costs, and the matter is remitted to Family Court, Monroe County, for further proceedings in accordance with the following memorandum:  Respondent mother appeals from an amended order that, inter alia, granted petitioner father's petition to modify a prior custody order by awarding him primary physical custody of their daughter.  We agree with the mother that Family Court erred in failing to set a specific and definitive visitation schedule (see Matter of Shonyo v. Shonyo, 151 A.D.3d 1595, 1597–1598, 56 N.Y.S.3d 390 [4th Dept. 2017], lv denied 30 N.Y.3d 901, 2017 WL 4543499 [2017];  Gillis v. Gillis, 113 A.D.3d 816, 817, 979 N.Y.S.2d 387 [2d Dept. 2014];  Matter of Murray v. Parisella, 41 A.D.3d 902, 904, 836 N.Y.S.2d 740 [3d Dept. 2007] ).  We therefore modify the amended order by striking from the first ordering paragraph the words “and subject to periods of visitation with the Mother and the Father shall encourage [the child] to visit with her Mother,” and we remit the matter to Family Court to fashion a specific and definitive schedule for visitation between the mother and daughter.  We have considered and rejected the mother's remaining contentions.