Lonobile v. Betkowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law and in the exercise of discretion without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: In denying the petition for visitation, Family Court did not apply the proper burden of proof. “It is generally presumed to be in a child’s best interest to have visitation with his or her noncustodial parent and the fact that a parent is incarcerated will not, by itself, render visitation inappropriate” (Matter of Davis v Davis, 232 AD2d 773). Denial of visitation to an incarcerated parent…
2Cases cited6 opinions
- Borne Chemical Co. v. DictrowAppellate Division of the Supreme Court of the State of New York · 1981
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1996
- Rhynes v. RhynesAppellate Division of the Supreme Court of the State of New York · 1997
- De Pinto v. De PintoAppellate Division of the Supreme Court of the State of New York · 1983
- DiMedio v. DiMedioAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by12 opinions
- Butler v. EwersAppellate Division of the Supreme Court of the State of New York · 2010
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
- Buffin v. MosleyAppellate Division of the Supreme Court of the State of New York · 1999
- Matter of Angela F. v. St. Lawrence County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2017
- Lonobile v. BetkowskiAppellate Division of the Supreme Court of the State of New York · 2002
7 more not listed; retrieve them via the Exa API.