The following excerpt is from D.P. v. N.T., 116 N.Y.S.3d 491 (Table), 63 Misc.3d 1237 (A) (N.Y. Cty. Ct. 2019):
On the other hand, courts have issued orders of visitation, despite a child's expressed desires not to visit with the non-custodial parent, in the absence of any substantial evidence that visitation would be detrimental to the child. See Hughes v. Wiegman , 150 AD2d 449, 541 N.Y.S.2d 57 (2nd Dept. 1989) (despite teenage children's wishes for no visitation with the non-custodial parent, the court held she was entitled to visitation, where expert testimony was presented that visitation under certain conditions would be beneficial to parties and there was no substantial evidence that visitation would be detrimental to welfare of children).
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