Case No. 2017 NY Slip Op 08637 [156 AD3d 463]Regular Panel DecisionDec 12, 2017
Matter of Michelle C. v. Jerome Alvin M.
The Appellate Division, First Department, affirmed a Family Court order that granted a mother's motion to deny her incarcerated ex-husband in-person visitation with their child at his correctional facility. The father, serving a 30-year sentence for attempted murder, appealed the decision. The court found that in-person visitation would be detrimental to the child's welfare due to the child's severe special needs, including hydrocephalus, developmental delays, and behavioral issues. Additionally, the six-hour travel distance and the father's lack of understanding of the child's condition were factors. The court modified the order to allow the father to maintain contact through letters, phone calls, and video communication.
Child welfareVisitation rightsParental incarcerationSpecial needs childModification of orderBest interests of the childCorrectional facility visitationFamily lawAppellate reviewParental rights
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