Back in 2010, Bryan and Jennifer entered into an order which gave Jennifer sole legal and physical custody of their child. Bryan, who was incarcerated, was given phone and written contact with the kid.
A year later, when Bryan asked for visitation rights, Jennifer opposed
that request because there hadn’t been a “substantial change
in circumstances.” And after a hearing, the Otsego Family Court
sided with the lady.
On appeal, the Appellate Division, Third Department, thought that Bryan
wasn’t able to show that the proposed modification was in the child’s
“best interests.” Not only did the guy fail to stay in touch
with the kid pursuant to the prior order, the AD3 didn't think his
relocation to another facility (closer to home) was enough of a change
to warrant relief in his favor.
Will that be revisited?
To view a copy of the Appellate Division’s decision, please use
the following link:
Matter of R. v. C. the following link: