Legal Opinion
Ceasar A. R. v. Raquel D.
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 1992PublishedCited by 5 opinions
1Opinion of the Court
Exceptional circumstances clearly justified the denial of *575visitation as inimical to the welfare of the children (Weiss v Weiss, 52 NY2d 170, 175). Petitioner has been in prison continuously since 1984. His three children at first visited him there, but stopped doing so in 1987 after he was convicted of murdering their mother and raping their stepsister. The court’s in camera interview with the children and the report of a court-appointed psychiatrist support a finding that the children fear their father and do not want to visit him. Although petitioner’s principal witness testified that the…
2Cases cited3 opinions
- Weiss v. WeissNew York Court of Appeals · 1981
- Hughes v. WiegmanAppellate Division of the Supreme Court of the State of New York · 1989
- Wise v. Del ToroAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Rogowski v. RogowskiAppellate Division of the Supreme Court of the State of New York · 1998
- B.G. v. A.M.O.Appellate Division of the Supreme Court of the State of New York · 2008
- Teixeria v. TeixeriaAppellate Division of the Supreme Court of the State of New York · 1994
- Russo v. RussoAppellate Division of the Supreme Court of the State of New York · 2001
- John R. v. Marlene C.New York Family Court · 1998