Fourth Department – Child visitation: Hoover v. Ester

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Child visitation — Supervised visitation wait list — Change in circumstances

Hoover v. Ester

CAF 25-00238

Appealed from Family Court, Ontario County

Background: The petitioner mother sought a modification of a visitation order which provided the mother with supervised agency visitation once per month subject to agency availability and the wishes and schedules of the children. She appealed from the dismissal of her petition.

Ruling: The Appellate Division reversed and reinstated the petition. The court noted that evidence of her sustained sobriety is not adequate to establish a change in circumstances as it existed at the time of the original consent order. However, the Appellate Division held that the court erred in dismissing the petition as the mother did demonstrate a change in circumstances because the agency indicated that there was an indefinite wait list for supervised visitation which made such visitation improbable.

Andrew J. DiPasquale for the petitioner-appellant; Bryanne L. Jones, attorney for the children.

Oral argument video