Legal Opinion

Rodriquez v. Van Putten

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

Decided October 14, 2003PublishedCited by 3 opinions

1Opinion of the Court

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (Balter, J.), dated October 29, 2001, which, after a hearing, denied his petition for visitation.

Ordered that the order is affirmed, without costs or disbursements.

While the father’s incarceration, standing alone, did not render visitation inappropriate (see Matter of Davis v Davis, 232 AD2d 773 [1996]; Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908 [1992]), the Family Court properly determined that, under all of the circumstances,…

2Cases cited5 opinions

  1. Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1996
  2. Williams v. TillmanAppellate Division of the Supreme Court of the State of New York · 2001
  3. Mohammed v. Cortland County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992
  4. Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1999
  5. Marcial v. SullivanAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by3 opinions

  1. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
  2. McLean v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2011
  3. Wispe v. LeandryAppellate Division of the Supreme Court of the State of New York · 2009

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