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Articles Posted in Visitation

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Appellate Division considered whether supervised visitation aligned with the children’s best interests. Seeback v. Seeback, 14 N.Y.S.3d 494 (N.Y. App. Div. 2015)

In Seeback v. Seeback, 14 N.Y.S.3d 494 (N.Y. App. Div. 2015), the Appellate Division considered whether supervised visitation was appropriate. Supervised visitation in New York is a structured arrangement facilitating parent-child interaction under the watchful eye of a designated supervisor. This setting ensures the safety and well-being of the child during…

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Court decided that limitation visitation for incarcerated parent was reasonable. Smith v. Smith, 92 A.D.3d 791 (2012)

What happens to parental rights when a parent is incarcerated in New York state. Generally, parents retain their parental rights, including the right to visitation. However, the caveat, is that every decision that a New York court makes with respects to children is guided by what is deemed to be…

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Family Court Denied Incarcerated Mother Visitation. YYW v. Z.G. 74 Misc. 3d 1206, (2022)

In the case of YYW v. Z.G. 74 Misc. 3d 1206 (2022), the Family Court considered a case where the petitioner sought visitation of one of her children.  However, the petitioner was incarcerated. She had been convicted for severely abusing her child while she was pregnant with another child. When…

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Appellate Court reversed Family Court custody modification decision due to failure to interview children. Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113 (N.Y. App. Div. 1990)

Visitation disputes arising from divorce cases often cast a shadow on the lives of children caught in the crossfire. The case of Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113  (N.Y. App. Div. 1990), provides a poignant example of the complexities and challenges inherent in such legal battles. Background The Koppenhoefer case…

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Incarcerated father denied visitation. In the Matter of Marcial v. Sullivan, 296 A.D.2d 551 (N.Y. App. Div. 2002)

In the Matter of Marcial v. Sullivan the Family Court, Kings County, was tasked with weighing the delicate balance between a father’s desire for visitation and the welfare of his two children. The case, decided in 2002, sheds light on the nuanced considerations that come into play when a parent…

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Appellate Division determined that increased visitation with incarcerated father was not in the best interests of the child. In re Davis, 232 A.D.2d 773 (N.Y. App. Div. 1996)

In the case of In re Davis (1996) the Appellate Division was asked to review a case involving parental visitation rights when where one parent is incarcerated. In New York, parental incarceration alone does not automatically preclude visitation rights, emphasizing the overarching principle that the best interests of the child remain…

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Mother’s request to modify in-person access to her children was denied. Khan v. Schwartz, 201 A.D.3d 718 (N.Y. App. Div. 2022)

Khan v. Schwartz, 201 A.D.3d 718 (N.Y. App. Div. 2022), involves a child custody dispute where the mother seeks to modify the in-person parental access provisions of a prior order that granted sole legal and physical custody of the children to the father. In New York, the legal standard for…

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Court denied mother’s request for father to have professional supervised visits by father. Paul v. Donna, 175 A.D.2d 236, (N.Y. App. Div. 1991)

In New York, the standard for supervised visitation involves assessing whether unsupervised visitation would be detrimental to the child. Generally, a noncustodial parent is presumed to have reasonable rights of visitation, and the denial of those rights is considered a drastic remedy. The court may order supervised visitation if there…

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Father’s visitation reinstated after missing court date. Lemon v. Faison, 150 A.D.3d 1003 (N.Y. App. Div. 2017)

New York courts adhere to a comprehensive approach in determining custody and visitation arrangements. The paramount consideration is the best interests of the child, evaluated through a myriad of factors such as parental stability, financial well-being, and the ability to provide a nurturing environment. While the court aims to ensure…

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Court considered modification of visitation order involving a child with disabilities. In the Matter of Grisanti v. Grisanti, 4 A.D.3d 471 (N.Y. App. Div. 2004)

In Grisanti v. Grisanti, the Westchester Family Court was ask by the petitioner, the mother, to change the visitation rules established in a 1996 divorce agreement. The court had to carefully consider this request, especially because one of the children involved has high-functioning autism and learning disabilities. The challenge was…

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