Khan v. Khan, 236 A.D.2d 612 (N.Y. App. Div. 1997). · Go Syfert
Khan v. Khan, 236 A.D.2d 612 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
13 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: Friedman v. Friedman (nyappdiv, 2004-06-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Friedman v. Friedman
N.Y. App. Div. · 2004 · confidence medium
The Family Court’s determination granting the petition to modify the custody provisions of the parties’ judgment of divorce and awarding custody of the parties’ children to the father was supported by a substantial basis in the record (see Matter of Darlene T., 28 NY2d 391, 395 [1971]; Matter of Wecker v D'Ambrosio, 6 AD3d 452 [2004]; Matter of Khan v Khan, 236 AD2d 612, 613 [1997]; McDonald v McDonald, 216 AD2d 276, 277 [1995]).
discussed Cited as authority (rule) Schlosser v. Schlosser
N.Y. App. Div. · 2004 · confidence medium
Thus, its findings may not be set aside or modified unless they lack a sound and substantial basis in the record (see Matter of Darlene T., 28 NY2d 391, 395 [1971]; Matter of Khan v Khan, 236 AD2d 612, 613 [1997]; McDonald v McDonald, 216 AD2d 276, 277 [1995]).
Retrieving the full opinion text from the archive…
In the Matter of Denise Khan
v.
Emdadul Khan
Appellate Division of the Supreme Court of the State of New York.
Feb 24, 1997.
236 A.D.2d 612
1997 N.Y. App. Div. LEXIS 1506
Cited by 4 opinions  |  Published

—In a child visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Richmond County (Clark, J.), entered May 5, 1995, which granted the father unsupervised visitation with the subject children upon his compliance with certain conditions.

Ordered that the order is reversed, on the law and as a mat[*613] ter of discretion, without costs or disbursements, the father’s petition is granted to the extent that he shall have supervised visitation with his minor children, and the matter is remitted for further proceedings in accordance herewith.

While the determination of the Family Court, which observed the witnesses, is entitled to great respect and will not be disturbed unless it lacks a sound and substantial basis in the record (see, Matter of Frances K. v Christopher T., 220 AD2d 422, 423; McDonald v McDonald, 216 AD2d 276, 277; Matter of Nancy M. v Brian M., 227 AD2d 404), the most important factor to be considered in adjudicating visitation rights is the best interests of the children (see, Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). Here, in light of the father’s prior history of violence against the mother, and his relocation to Bangladesh after the fact-finding hearing was completed, it was an improvident exercise of discretion for the court to grant the father unsupervised visitation.

Notwithstanding the foregoing, the facts do not warrant completely depriving the father of visitation. Therefore, we remit the matter to Family Court, Richmond County, to set the dates, times, and places of the supervised visitation, and the method by which it may be accomplished.

We have reviewed the mother’s remaining contention and find it to be without merit. Thompson, J. P., Pizzuto, Joy and Luciano, JJ., concur.