Appellate Division, Third Department · September 24, 2026 · 2026 NY Slip Op 05451
Matter of Carmela II. v Juan II.
Read the official decision: 2026 NY Slip Op 05451
Holding The Appellate Division affirmed the lower court’s determination that visitation with the grandmother was in the children’s best interests, but reversed the specific visitation schedule due to the passage of time. The matter was remitted to Family Court to establish a new, potentially graduated or supervised, visitation schedule to facilitate bonding.
The court’s words
the most significant consideration is the nature and quality of the relationship between the grandparent and the children
2026 NY Slip Op 05451, at the official text
the existence of animosity between the parent and the grandparent is [not] a proper reason for denial of visitation in isolation
2026 NY Slip Op 05451, at the official text
we deem it appropriate to remit the matter to Family Court for consideration of a new visitation schedule
2026 NY Slip Op 05451, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 05451 |
| Area of law | Family Law |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05451 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 386 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Carmela II. v Juan II., 2026 NY Slip Op 05451 (Appellate Division, Third Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05451/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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