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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: