On those relatively rare occasions when the New York Court of Appeals decides a case involving child custody or visitation, it's worth paying close attention. For beyond resolving the specific legal issue involved, the opinion almost always contains an important message for judges, lawyers and litigants involved in Family Law matters.
Such was the case last week when, in upholding the right of a prisoner to visit with his 3-year-old son, the state's highest court spoke forcefully in support of visitation rights for non-custodial parents generally.
The petitioner, Shawn Granger, was present at his son's birth and visited with him on approximately 12 occasions during the six or seven months prior to his incarceration. He is currently serving an aggregate term of eight years in prison following his convictions on various felony drug charges.
Granger repeatedly requested that the child's mother, Danielle Misercola, bring the boy to the Clinton Correctional Facility, where he was confined, so that he could visit with him. Although she refused to do so, he nevertheless tried to maintain a relationship with his son by telephone and by sending letters, cards and gifts.
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