New York State Court of Appeals
Custody and Visitation
Presumption of Best Interest of the Child — Incarceration
Granger v. Misercola
Background: The petitioner, an inmate in New York’s correctional system, commenced a proceeding in family court seeking visitation with his child after the respondent mother refused to bring the child to prison. The court granted the petition, awarding four-hour visits at the prison with the child.
Ruling: The Court of Appeals affirmed. The court held that the presumption that visitation with a non-custodial parent is in the child’s best interest is not removed because the non-custodial parent is incarcerated.
Mary P. Davison for the appellant; Charles J. Greenberg for the respondent; Melissa Koffs, attorney for the child