Legal Opinion
Rhynes v. Rhynes
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 16 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, petition granted and matter remitted to Livingston County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in denying the petition of petitioner father, who is incarcerated, for visitation with his 18-month old son, and in restricting petitioner to written communications with his son. While an award of visitation is always conditioned upon a consideration of the best interests of the child (see, Finlay v Finlay, 240 NY 429, 433-434), “ ‘denying visitation to a [biological] parent is a…
2Cases cited5 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Farhi v. FarhiAppellate Division of the Supreme Court of the State of New York · 1978
- De Pinto v. De PintoAppellate Division of the Supreme Court of the State of New York · 1983
- Simpson v. FinniganAppellate Division of the Supreme Court of the State of New York · 1994
- Teixeria v. TeixeriaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by16 opinions
- In re Nicole VV.Appellate Division of the Supreme Court of the State of New York · 2002
- Conklin v. HernandezAppellate Division of the Supreme Court of the State of New York · 2007
- Rogowski v. RogowskiAppellate Division of the Supreme Court of the State of New York · 1998
- Bowers v. BowersAppellate Division of the Supreme Court of the State of New York · 1999
- Buffin v. MosleyAppellate Division of the Supreme Court of the State of New York · 1999
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