Granger v. Misercola

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Father was an inmate in New York's correctional system. Father, who had acknowledged paternity of a child prior to his imprisonment, sought visitation with the child, who was then three years old, after Mother refused to bring the child to the prison. The family court granted Father's petition for visitation and awarded Father periodic four-hour visits at the prison with the child. The appellate division affirmed. Mother appealed, arguing that the lower courts employed an incorrect legal standard in reviewing the petition. The Court of Appeals affirmed, holding that the lower courts used the appropriate legal standard, applying the presumption in favor of visitation and considering whether Mother rebutted the presumption through showing that visitation would be harmful to the child. View "Granger v. Misercola" on Justia Law