Custody battles are stressful for the parties. Whether you are navigating the legal system for the first time, or you have been embroiled in a custody dispute for several years, it is critical that you have a knowledgeable and seasoned attorney by your side. With more than 30 years of experience assisting New York residents with family law issues, attorney Ingrid Gherman is prepared to help you assert your legal rights in a child custody dispute.
A recent New York child custody opinion discusses the impact that the incarceration of one parent has on his or her visitation rights. The facts of the case are as follows. A father filed a visitation petition against the mother of their seven-year-old autistic son, seeking visitation rights. The parents resided in an apartment in the Bronx, where they had one child. Roughly three months after the child was born, the father moved out of the apartment and made attempts to be part of the infant son’s life. After some time, however, his attempts stopped.
The father filed a custody petition in 2009 and another in 2010. Both were dismissed without prejudice. In response to the petitions, the mother decided to allow the father visits with the child during his day off. The father would pick up the child from the apartment and then drop him off later that day. The visits continued until the father became incarcerated in 2011 after being convicted for the murder of an ex-girlfriend’s three-year-old child. In that case, the father was accused of hitting the victim repeatedly because she was not listening to him and refusing to eat. He was also accused of failing to seek medical attention for the victim. The father did not see his child for seven years after his initial incarceration, although a program allowed for inmates to have visits with their children. The father did, however, join a waiting list for parenting classes and anger management classes.