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Father Granted Supervised Overnight Visitation

In a proceeding before Judge Ann O’Shea sitting in the Family Court of Kings County, the Administration for Children’s Services (ACS) brought a neglect proceeding against a father. They alleged the father R.S. had neglected his daughter by committing acts of domestic violence against the child’s mother. They also claim the father had violated an existing Order of Protection which had been taken out by the mother against him. During the course of this proceeding the father was granted temporary visitation. This visitation allowed him to visit with the child for eight hours on Saturdays while being supervised by his mother, the child’s grandmother.

Further Extension of Visitation

The father has now brought a further application to the Family Court asking that his visitation be extended to supervised overnight visitation.

The attorney for the child’s mother has alleged that she opposed the father having further visitation with the child. She was not comfortable with the idea of further overnight visitation. This was in spite of the fact that ACS consented to the further supervised overnight visits by the father from Friday evenings through Saturday.

The court took into consideration that the visitation with the father was going well. The mother argued the child was not comfortable with this further expansion of the visitation and therefore the father’s visitation should not be expanded to overnights.

Judge O’Shea found the expansion of the father’s visitation was consistent with the policy of the Family Court Act and ACS guidelines for determining the appropriate level of supervision regarding family visits. The court found the ACS guidelines allowed for overnight visitation and weekend visits between a parent and a child during the pendency of proceedings in the Family Court for neglect. The court further found the extension of the visitation by the father did not expose the child to negative risks concerning physical, mental or the emotional well being of the child. The court therefore granted the father’s petition extending his visitation.

Father’s Rights

Fathers have an important role to play in their children’s lives. Where a child has two loving, dedicated parents, the child’s life is enhanced. Granting the father, in this case, expanded visitation with his child was in the child’s best interest. Family Court judges should do everything in their power to promote father’s rights to have relationships with their children in all situations where it is shown that the father is having a positive impact on the children’s lives.Long Island CPS defense for fathers

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.