Matter of Tammy Q. v Harold R.

Holding The Appellate Division affirmed the Family Court’s award of sole custody to the mother and denial of all forms of contact for the incarcerated father, finding that such contact was contrary to the child’s best interests. The court determined that the father’s violent crimes, long-term incarceration, and history of disregarding protection orders rebutted the presumption of visitation.

The court’s words

Visitation with a noncustodial parent, even one who is incarcerated, is presumed to be in the best interests of [a] child[ ].

2026 NY Slip Op 06177, at the official text

The propriety of visitation is a matter committed to the sound discretion of Family Court, guided by the best interests of the child.

2026 NY Slip Op 06177, at the official text

make the child a witness to and tool . . . to bypass an order of protection

2026 NY Slip Op 06177, at the official text

Family Court's determination that any form of contact was contrary to the child's best interests certainly has a sound and substantial basis in the record.

2026 NY Slip Op 06177, at the official text