FRANK v. DONNA

Contrary to the mother's claim, supervision is not limited to instances where a court fears for a child's physical safety; rather, the court can also consider whether a parent is having a negative impact on the child's emotional well-being ( see Allen v Farrow, 197 AD2d 327, 334, appeal dismissed sub nom. Matter of Woody A. v Maria V.F., 84 NY2d 864, 86 NY2d 761, lv denied 86 NY2d 709; see also Karen K. v Kenneth Z., 239 AD2d 159). "It is well settled that the question of a child's best interest, the foremost consideration in matters of custody and visitation, is within the discretion of the trial court whose determination will not be set aside unless it lacks a sound and substantial evidentiary basis" ( Corsell v Corsell, 101 AD2d 766, 767). The requisite evidentiary basis exists for Family Court's finding that unsupervised visitation would have a negative impact on the child's well-being. However, we note that supervision was meant to be temporary and that almost two years have passed since Family Court's decision. As the court-appointed psychiatrist testified, supervision can interfere with the parent-child relationship; and as Family Court found, it is in the child's best interests eventually to enjoy unsupervised visitation with her mother.