Legal Opinion

Monteleone v. Kick

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1988PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously reversed on the law without costs, in accordance with the following memorandum: Petitioner appeals from an order entered in a *965proceeding to modify his visitation rights with his daughter which "ordered that the Family Court Processing Department is hereby directed not to accept any further petitions as to visitation or custody * * * by this petitioner”. This was improper. Fundamental rights are involved in matters of custody and visitation (see, Stanley v Illinois, 405 US 645). There is no statutory authority for the court to issue an order which denies petitioner access to…

2Cases cited1 opinion

  1. Stanley v. IllinoisSupreme Court of the United States · 1972

3Cited by1 opinion

  1. Church v. ChurchAppellate Division of the Supreme Court of the State of New York · 2002

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