coresponsdence as visitiationA New York Family Court rules that a court cannot impose certain requirements as a condition of having future access to their child.

According to a New York Law Journal article published October 26, 2012 in a new case decided by the courts have restricted some of the conditions a court may place on a parent. The case involved two New York parents and their child who was born shortly after the father was incarcerated.

The father was sentenced to serve a prison term of 3 ½ to 7 years. The Family Court awarded the mother sole custody of the child and visitation rights to the father. The father sought a modification of the court’s original order three times until the court created a plan to his satisfaction. The final order was for the father to have phone contact with the child and to be allowed to have several letter correspondences monthly. In addition, the mother is required to send a photo of the child every month.

The last term of the court’s order required that the father submit to some form of counseling or treatment regarding domestic violence. Only upon completion of this treatment would the father have access to the child once he was out of prison. However, the father appealed this term and on appeal the court found that the judge over extended its authority by including this term. The term was struck from the agreement.

At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has over 29 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website, www.MyNewYorkCityLawyer.com.