Thomas v. Thomas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Petitioner contends that Family Court erred in denying his petition seeking visitation without holding an evidentiary hearing. We agree. “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; see, Matter of Lonobile v Betkowski, 261…
2Cases cited6 opinions
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1996
- Vasile v. VasileAppellate Division of the Supreme Court of the State of New York · 1986
- Lonobile v. BetkowskiAppellate Division of the Supreme Court of the State of New York · 1999
- Kenneth H. v. Barbara G.Appellate Division of the Supreme Court of the State of New York · 1998
- Folsom v. FolsomAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by17 opinions
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- Rulinsky v. WestAppellate Division of the Supreme Court of the State of New York · 2013
- Crowell v. LivzieyAppellate Division of the Supreme Court of the State of New York · 2005
- McCullough v. BrownAppellate Division of the Supreme Court of the State of New York · 2005
- Cormier v. ClarkeAppellate Division of the Supreme Court of the State of New York · 2013
12 more not listed; retrieve them via the Exa API.