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Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
Daily Record Staff//June 16, 2026//
Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
Daily Record Staff//June 16, 2026//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Visitation agreement — Supervised visitation to unsupervised visitation
CA 25-00392
Appealed from Family Court, Ontario County
Background: The petitioner mother appealed from an order that dismissed her petition to modify an existing consent order of custody and visitation by changing the mother’s visitation from supervised to unsupervised.
Ruling: The Appellate Division affirmed. The court held that, notwithstanding the letter from the visitation supervisor that reported the supervised visits the mother managed to attend were successful, the record established that the mother resumed exercising supervised visitation for six months following a three-year absence. She also conceded that she had once again ceased exercising supervised visitation in the months preceding the petition.
Vincent T. Parlato for the defendant-appellant; Morgan R. Mayer, of the district attorney’s office, for the respondent.
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