Legal Opinion · Dissent

Reginald Q. v. Richard Q.

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 2009Published

1Dissent

Malone Jr., J. (dissenting).

I respectfully dissent. The issue of

visitation with respondent Richard Q. (hereinafter respondent) was not discussed during the hearing on petitioners’ custody application until Family Court, sua sponte, raised the issue from the bench after it awarded custody of the children to petition*1398ers. Although I agree with the majority’s conclusion that the existent visitation schedule was rendered logistically unworkable by Family Court’s award of custody to petitioners, Family Court failed to articulate, either in open court or in its written order, how its award of…

2Cases cited5 opinions

  1. Davies v. DaviesAppellate Division of the Supreme Court of the State of New York · 1996
  2. Hermann v. ChakurmanianAppellate Division of the Supreme Court of the State of New York · 1997
  3. Howard v. BarberAppellate Division of the Supreme Court of the State of New York · 2008
  4. Murray v. ParisellaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 2008

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