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New York Court of Appeals Upholds Sex Offender Visitation Rights
The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New York family court ordered on September 10, 2009, that the father who is incarcerated be granted four visits per year and telephone calls with his daughter. The order stated that the child must be accompanied by a responsible adult other than the mother, and that both the adult and child receive proper counseling. The mother was also ordered to bare the costs of counseling and phone calls.
On appeal, the mother opposed visitation, asserting that the child does not know her father, does not enjoy long car rides and most likely will be frightened by the visits. The Appellate Court upheld the lower court’s ruling holding that visitation with the father is in the best interest of the child. It reversed on the costs issue, holding that the father must pay the expenses of travel, phone calls and counseling. See: Culver v. Culver, 82 A.D.3d 1296 (NY: App. Div., 3rd Dept. 2011).
On appeal, the mother opposed visitation, asserting that the child does not know her father, does not enjoy long car rides and most likely will be frightened by the visits. The Appellate Court upheld the lower court’s ruling holding that visitation with the father is in the best interest of the child. It reversed on the costs issue, holding that the father must pay the expenses of travel, phone calls and counseling. See: Culver v. Culver, 82 A.D.3d 1296 (NY: App. Div., 3rd Dept. 2011).
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Related legal case
Culver v. Culver
| Year | 2011 |
|---|---|
| Cite | 82 A.D.3d 1296 (NY: App. Div., 3rd Dept. 2011) |
| Level | State Court of Appeals |
| Injunction Status | N/A |