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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Custody: Cormier v. Clarke, et al.

Fourth Department — Custody: Cormier v. Clarke, et al.

Appellate Division, Fourth Department


Correctional Facility — Child’s Welfare

Cormier v. Clarke, et al.
CAF 11-02304
Appealed rom Family Court, Oswego County

Background: The respondent-petitioner, the paternal grandmother and physical custodian of the subject child, filed a petition seeking modification of a custody order by suspending visitation with the mother at a correctional facility. The court denied the petition.

Ruling: The Appellate Division affirmed. The court found that it was in the child’s best interest to continue visitation absent any finding that visitation with an incarcerated parent would be detrimental to a child’s welfare.

Elizabeth deV. Moeller of DJ & JA Cirando for the petitioner-appellant; Linda M. Campbell for the respondent-respondent; Jennifer L. Rosenberg, attorney for the child