IN RE: Balaam Obet RAZO (2004)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Balaam Obet RAZO, appellant, v. Maria LEYVA, respondent.

Decided: January 26, 2004

MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, THOMAS A. ADAMS, and SANDRA L. TOWNES, JJ.

Francine Shraga, Brooklyn, N.Y., for appellant. Robert E. Nicholson, Brooklyn, N.Y., for respondent. Carol Sherman, Brooklyn, N.Y. (Sheila A. O'Shea and Barbara H. Dildine of counsel), Law Guardian for the child.

In a visitation proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Weinstein, J.), dated July 26, 2002, which dismissed, without a hearing, his petition for visitation with the parties' daughter.

ORDERED that the order is affirmed, without costs or disbursements.

The father did not seek visitation with his daughter until she was nearly 10 years old and, concededly, had no relationship with her. Further, he did not provide any financial support for her. The Law Guardian indicated that the daughter did not wish to have a relationship with her father, whom she had never met. Under the circumstances, the Family Court properly dismissed the father's petition without a hearing as it possessed sufficient information to render an informed decision consistent with the child's best interests (see Matter of Mobley v. Ishmael, 285 A.D.2d 648, 729 N.Y.S.2d 154; Matter of Glenn T. v. Donna U., 226 A.D.2d 803, 640 N.Y.S.2d 297).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law