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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
CourtAppellate Division, Third Department
DecidedSeptember 24, 2026
Citation2026 NY Slip Op 05451
Area of lawFamily Law
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05451
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id386

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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Published September 24, 2026. Updated September 24, 2026.