What condition cannot be a basis for denying visitation rights?

In the context of New York Family Law, denying visitation rights based on a parent's HIV or AIDS status is not a valid basis. The legal system considers the rights of parents to maintain a relationship with their children, and health status alone, particularly conditions such as HIV or AIDS, is not an indicator of a parent's ability to properly care for their child or provide a safe environment during visitation. Discrimination based on health conditions is generally viewed unfavorably by the courts, and decisions regarding visitation are made with the child's best interests in mind.

The court typically evaluates factors that directly affect the child's well-being and safety rather than the personal health status of the parent. For example, if a parent has a history of criminal activity that poses a risk to the child, that could be a legitimate reason to restrict visitation. Similarly, a child’s expressed preference can be taken into account, especially as they grow older and are deemed capable of making informed decisions. Financial instability might also raise concerns about the noncustodial parent's ability to provide for the child during visitations, hence could impact visitation arrangements. However, a parent's HIV or AIDS status does not inherently affect their caretaking abilities or create a risk for the child, making it an inappropriate basis for denying visitation rights