Couture v. Garland

Order unanimously modified, on the facts, and, as modified, affirmed, without costs, *1159and matter remitted to Erie County Family Court for further proceedings in accordance with the following memorandum: On the record before us, the court erred in denying defendant’s application to modify plaintiff’s visitation privileges. Although the findings of fact of the nisi prius are entitled to great weight, we find the testimony of defendant’s expert to be compelling and to warrant exclusion of overnight visitation. The child’s welfare is the prime concern of the courts in visitation applications…