E.A. v. R.A.
New York Family Court
56 N.Y.S.3d 815 (2017)
- Written by Jamie Milne, JD
Facts
E.A. and R.A. lived together for three months after their son’s birth before separating. E.A. initially maintained frequent contact with his son, but the contact eventually dwindled to visitation approximately every two weeks. When the child was two years old, E.A. was imprisoned for murdering a young child who refused to follow E.A.’s instructions. Once incarcerated, E.A. did not attempt to communicate with R.A. or maintain a relationship with their child. Shortly after E.A. was imprisoned, the child was diagnosed with autism, a condition that manifested in a sensitivity to noise, uncooperative behavior, and a proclivity to sudden outbursts of yelling. When the child was seven, E.A. sued R.A., seeking visitation rights. By this time, R.A. had two other young children, and visiting the prison would require her to find childcare for those children and endure a bus journey with her autistic son. The court considered whether to grant E.A.’s visitation request.
Rule of Law
Issue
Holding and Reasoning (Ramseur, J.)
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