Rodriquez v. Van Putten

Appellate Division of the Supreme Court of New York

Rodriquez v. Van Putten

309 A.D.2d 807, 765 N.Y.S.2d 796

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 2003·Published·Cited by 3 cases

Opinion

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Balter, J.), dated October 29, 2001, which, after a hearing, denied his petition for visitation.

Ordered that the order is affirmed, without costs or disbursements.

While the father’s incarceration, standing alone, did not render visitation inappropriate (see Matter of Davis v Davis, 232 AD2d 773 [1996]; Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908 [1992]), the Family Court properly determined that, under all of the circumstances, visitation would not be in the child’s best interest (see Matter of Marcial v Sullivan, 296 AD2d 551 [2002]; Matter of Williams v Tillman, 289 AD2d 885 [2001]; Matter of Davis v Davis, 265 AD2d 552 [1999]).

The father’s remaining contentions are without merit. Ritter, J.P., Florio, S. Miller and Luciano, JJ., concur.

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In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Balter, J.), dated October 29, 2001, which, after a hearing, denied his petition for visitation.

Ordered that the order is affirmed, without costs or disbursements.

While the father’s incarceration, standing alone, did not render visitation inappropriate (see Matter of Davis v Davis, 232 AD2d 773 [1996]; Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908 [1992]), the Family Court properly determined that, under all of the circumstances, visitation would not be in the child’s best interest (see Matter of Marcial v Sullivan, 296 AD2d 551 [2002]; Matter of Williams v Tillman, 289 AD2d 885 [2001]; Matter of Davis v Davis, 265 AD2d 552 [1999]).

The father’s remaining contentions are without merit. Ritter, J.P., Florio, S. Miller and Luciano, JJ., concur.

Rodriquez v. Van Putten, 309 A.D.2d 807, 765 N.Y.S.2d 796 (N.Y. Ct. App. 2003).

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Opinion

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