Incarcerated Father Entitled to Reinstatement of His Petition for Visitation
In reversing the dismissal of an incarcerated father’s petition for visitation with his nine-year-old child, the Fourth Department wrote:
Here, we conclude that “the record is not sufficient to determine whether visitation [with the father] would be detrimental to [the child’s] welfare” … Additionally, neither the mother nor the [attorney for the child] presented any evidence rebutting the presumption that visitation with the father is in the child’s best interests, and the record does not otherwise contain any evidence rebutting that presumption … . Matter of Brown v Divelbliss, CAF 12-00555, 234, 4th Dept, 4-26-13