MATTER OF LONOBILE v. BETKOWSKI


261 A.D.2d 829 (1999)

689 N.Y.S.2d 790

In the Matter of MICHAEL A. LONOBILE, Appellant, v. KATHERINE A. BETKOWSKI, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 7, 1999.


Order unanimously reversed on the law and in the exercise of discretion without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: In denying the petition for visitation, Family Court did not apply the proper burden of proof. "It is generally presumed to be in a child's best interest to have visitation with his or her noncustodial parent and the fact that a parent is incarcerated will not, by itself...

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