IN RE: Michael DOUGLAS (2025)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Joan L. Piccirillo, J.), dated January 23, 2024.  The order, insofar as appealed from, after a hearing, awarded the mother unsupervised daytime parental access with the parties’ children in the community.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The mother and the father have two children together.  In May 2022, the father filed a petition for sole legal and residential custody of the children.  After a hearing, in an order dated January 23, 2024, the Family Court, inter alia, granted the father's petition and awarded the mother unsupervised daytime parental access with the children in the community.  The father appeals from so much of the order as awarded the mother unsupervised daytime parental access with the children in the community.

“The paramount concern in any custody or [parental access] determination is the best interests of the child, under the totality of the circumstances” (Matter of Fernandez v. Harrell, 194 A.D.3d 930, 930, 144 N.Y.S.3d 374 [internal quotation marks omitted];  see Matter of Lopez v. Prudencio, 179 A.D.3d 690, 960, 113 N.Y.S.3d 591).  “A determination with respect to parental access, including whether it should be supervised, is within the sound discretion of the Family Court, and its determination will not be set aside unless it lacks a sound and substantial basis in the record” (Matter of Devine v. Dominguez, 210 A.D.3d 768, 769, 177 N.Y.S.3d 345;  see Matter of Gray v. Tyson, 205 A.D.3d 720, 721, 168 N.Y.S.3d 491).  “Supervised parental access is appropriately required only where it is established that unsupervised parental access would be detrimental to the child” (Matter of Wagner v. Del Valle, 198 A.D.3d 664, 664, 152 N.Y.S.3d 335;  see Matter of Gray v. Tyson, 205 A.D.3d at 721, 168 N.Y.S.3d 491).

Here, the Family Court's determination that it was in the children's best interests to award the mother unsupervised daytime parental access with them in the community has a sound and substantial basis in the record and will not be disturbed (see Matter of Staten v. King, 155 A.D.3d 879, 880, 63 N.Y.S.3d 685;  cf.  Matter of Brown v. Simon, 195 A.D.3d 806, 821, 151 N.Y.S.3d 71).

BRATHWAITE NELSON, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.