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Home / Case Digests / Court of Appeals — Custody and Visitation: Granger v. Misercola

Court of Appeals — Custody and Visitation: Granger v. Misercola

New York State Court of Appeals

Custody and Visitation

Presumption of Best Interest of the Child — Incarceration

Granger v. Misercola
No. 72
Judge Pigott

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