Fourth Department – Noncustodial parent visitation: Jones v. Serna

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

Noncustodial parent visitation — Suspension

Jones v. Serna

CAF 24-01923

Appealed from Family Court, Onondaga County

Background: The petitioner father appealed from an order that suspended his parenting time and other access to the parties’ younger child.

Ruling: The Appellate Division affirmed. The court noted that the father did not exercise any visitation with the child for approximately five years. The child never received gifts from the father for holidays or her birthday. While he made efforts to reconnect with the child, including participating in supervised visitation, the record showed that father engaged in inappropriate conversations during that time, informing her that the state profited from his child support and was the reason she did not get to see him. He then ceased visits.

Kristen N. McDermott, of the Frank H. Hiscock Legal Aid Society, for the petitioner-appellant; Thomas L. Pelych for the respondent-respondent; Susan B. Marris, attorney for the children.

Oral argument video