Court of Appeals of New York

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Granger v. Misercola, 72

The Family Court's order awarding petitioner periodic four-hour visits at the prison where he resided, with his child, who was then three years old, is affirmed, where: 1) the lower courts used the appropriate legal standard, applying the rebuttable presumption in favor of visitation and considering whether respondent rebutted the presumption through showing, by a preponderance of the evidence, that visitation would be harmful to the child; and 2) there is support in the record for the finding that the travel would not be harmful to the welfare of the child, and that petitioner made efforts to establish a meaningful relationship with the child.

Appellate Information

  • Decided 04/30/2013
  • Published 04/30/2013




  • Court of Appeals of New York


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