MATTER OF CHE WISE v. BURKS


61 A.D.3d 1058 (2009)

876 N.Y.S.2d 730

In the Matter of CHE WISE, Appellant, v. OPAL BURKS, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 2, 2009.


ROSE, J.

The parties are the unmarried parents of a child who was born in 2004 while petitioner (hereinafter the father) was incarcerated. After his release on parole in 2006 and subsequent return to prison for a parole violation, the father petitioned for visitation with the child, and respondent (hereinafter the mother) cross-petitioned for sole legal and physical custody. Following a hearing, Family Court dismissed the father's petition upon the Law Guardian's...

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