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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance and dismissal of father’s petition seeking visitation with the children.

Matter of Mohamed Z.G. v Mairead P.M., 129 AD3d 516 (1st Dept 2015)

In this appeal by the father of Family Court’s order that dismissed his petition seeking visitation with the children, Family Court accepted my argument that the Referee, whose familiarity with the case enabled her to make an informed determination, properly dismissed the visitation petition after the father presented his case at the hearing, because the father failed to meet his burden of showing that there had been a change in circumstances warranting modification of the order of protection and that visitation would be in the children’s best interests.   The Court accepted my argument that among other things, the father’s testimony showed that he failed to recognize the effect his actions had on the children and had not addressed the issues that led to an order of protection being issued against him only three days prior to filing for visitation, and thus the requisite evidentiary basis existed for the Referee’s finding that modifying the order to allow visitation would not be in the children’s best interests.

http://www.nycourts.gov/reporter/3dseries/2015/2015_05102.htm