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You are here: Home1 / Family Law2 / Incarcerated Father Entitled to Reinstatement of His Petition for Visi...
Family Law

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

 

April 26, 2013
Tags: Fourth Department
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Inability of One of Two Children to Get Along with Custodial Parent Was a Sufficient... Father Whose Parental Rights Had Been Terminated Had Standing to Seek Modification...
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