Ruple v. Harkenreader, 99 A.D.3d 1085 (N.Y. App. Div. 2012). · Go Syfert
Ruple v. Harkenreader, 99 A.D.3d 1085 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Todd EE. v. Elina FF.
N.Y. App. Div. · 2026 · confidence medium
Visitation, however, is not limited to in-person contact at the prison, and meaningful access to a child can involve phone and video calls and other correspondence (<i>see</i><span>[*2]</span><i>Matter of Jaime T. v Ryan U.</i>, 238 AD3d 1257 , 1259 [3d Dept 2025]; <i>Matter of Benjamin OO. v Latasha OO.</i>, 170 AD3d 1394 , 1396 [3d Dept 2019], <i>lv denied</i> 33 NY3d 909 [2019]; <i>Matter of Ruple v Harkenreader</i>, 99 AD3d 1085, 1086 [3d Dept 2012]).
discussed Cited as authority (rule) Matter of Gary JJ. v. Barbara KK.
N.Y. App. Div. · 2025 · confidence medium
According the appropriate deference to the findings and credibility determinations of Family Court on matters of parenting time, we are satisfied that a sound and substantial basis supports the finding that in-person visits at the father's correctional facility were not in the child's best interests ( see Matter of Joenathan E. v Jennifer F. , 242 AD3d at 1340-1341; Matter of Tamara T. v Brandon U. , 180 AD3d at 1287 ; Matter of Ruple v Harkenreader , 99 AD3d 1085, 1086-1087 [3d Dept 2012]; Matter of Cole v Comfort , 63 AD3d 1234, 1235-1236 [3d Dept 2009], lv denied 13 NY3d 706 [2009]).
discussed Cited as authority (rule) Matter of Jaime T. v. Ryan U. (2×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
This is true "even when the parent is incarcerated" ( Matter of Ruple v Harkenreader , 99 AD3d 1085, 1086 [3d Dept 2012] [internal quotation marks and citations omitted]; see Matter of Granger v Misercola , 21 NY3d 86, 91 [2013]).
discussed Cited as authority (rule) Matter of Jemar H. v. Nevada I.
N.Y. App. Div. · 2020 · confidence medium
Further, upon review of the foregoing evidence, particularly the testimony regarding the child's inability to tolerate car trips and the father's history of directing inappropriate comments toward the mother, we find that a sound and substantial basis exists in the record to conclude that requiring prison visits would be both harmful to the child's welfare and not in the child's best interests at this time ( see Matter of Ruple v Harkenreader , 99 AD3d 1085, 1086-1087 [2012]; Matter of Williams v Tillman , 289 AD2d 885, 886 [2001]). [FN2] Accordingly, we will not disturb Family Court's decisio…
discussed Cited as authority (rule) Matter of Tamara T. v. Brandon U.
N.Y. App. Div. · 2020 · confidence medium
The father further acknowledged that he expected to be released from prison several months after the hearing, meaning that he would have few visits with the child under his own proposed visitation schedule. [FN2] In view of the foregoing, we find a sound and substantial basis in the record for Family Court's determination that in-person visits were not in the child's best interests ( see Matter of Kelly v Brown , 174 AD3d 1523 , 1524 [2019], lv denied 34 NY3d 907 [2020]; Matter of Benjamin OO. v Latasha OO. , 170 AD3d at 1396-1397; Matter of Ruple v Harkenreader , 99 AD3d 1085, 1086 [2012]).
discussed Cited as authority (rule) Matter of Newman v. Doolittle
N.Y. App. Div. · 2017 · confidence medium
There was thus a demonstrated change in circumstances, and thereafter Family Court properly proceeded with a best interests analysis (see Matter of Joshua C. v Yolanda C., 140 AD3d 1213, 1214 [2016]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]).
discussed Cited as authority (rule) Matter of Dharamshot v. Surita
N.Y. App. Div. · 2017 · confidence medium
Considering all of the circumstances, and according the requisite deference to Family Court’s findings, we find a sound and substantial basis for the court’s determination to award the father limited visitation with the child three times per year (see Matter of Samuels v Samuels, 144 AD3d at 1416 ; Matter of Lapham v Senecal, 125 AD3d 1210, 1211 [2015]; Matter of Baker v Blanchard, 74 AD3d 1427, 1428 [2010]; Matter of Garraway v Laforet, 68 AD3d 1192, 1194 [2009]; compare Matter of Coley v Mattice, 136 AD3d 1231, 1232 [2016]; Matter of Duane FF. [Harley GG.], 135 AD3d at 1095; Matter of Ru…
discussed Cited as authority (rule) Matter of Cornick v. Floreno
N.Y. App. Div. · 2015 · confidence medium
An existing custody order is subject to modification where the petitioning party establishes that there has been a sufficient change in circumstances since the prior order so as to warrant modification to ensure the best interests of the child *1171 (see Heather B. v Daniel B., 125 AD3d 1157, 1159 [2015]; Matter of Casarotti v Casarotti, 107 AD3d 1336, 1337 [2013], lv denied 22 NY3d 852 [2013]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]).
discussed Cited as authority (rule) Gelling v. McNabb
N.Y. App. Div. · 2015 · confidence medium
In our view, the father “ ‘ma[d]e a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]; see also Matter of Telfer v Pickard, 100 AD3d 1050, 1051 [2012]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]).
discussed Cited as authority (rule) Gelling v. McNabb
N.Y. App. Div. · 2015 · confidence medium
In our view, the father “ ‘ma[d]e a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” (Matter of Warrior v Beatman, 70 AD3d 1358, 1359 [2010], lv denied 14 NY3d 711 [2010]; see also Matter of Telfer v Pickard, 100 AD3d 1050, 1051 [2012]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]).
discussed Cited as authority (rule) Matter of Lapham v. Senecal
N.Y. App. Div. · 2015 · confidence medium
Generally, there is a presumption in favor of visitation by a noncustodial parent, even where the noncustodial parent is incarcerated (see Matter of Granger v Misercola, 21 NY3d 86, 90-91 [2013]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]; Matter of Garraway v Laforet, 68 AD3d 1192, 1193 [2009]; Matter of Tanner v Tanner, 35 AD3d 1102, 1103 [2006]).
discussed Cited as authority (rule) Ford v. Baldi
N.Y. App. Div. · 2014 · confidence medium
“A party seeking to modify a visitation order must show a change in circumstances resulting in a need for the modification to ensure the best interests of the child” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012] [citation omitted]; see Matter of Angela F. v Gail WW., 113 AD3d 889, 890 [2014]; Matter of Terwilliger v Jubie, 84 AD3d 1520, 1521 [2011]).
discussed Cited as authority (rule) Ford v. Baldi
N.Y. App. Div. · 2014 · confidence medium
“A party seeking to modify a visitation order must show a change in circumstances resulting in a need for the modification to ensure the best interests of the child” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012] [citation omitted]; see Matter of Angela F. v Gail WW., 113 AD3d 889, 890 [2014]; Matter of Terwilliger v Jubie, 84 AD3d 1520, 1521 [2011]).
discussed Cited as authority (rule) Matter of Georghakis v. Matarazzo
N.Y. App. Div. · 2014 · confidence medium
Generally, since visitation with a noncustodial parent is presumed to be in the best interests of a child, even when that parent is incarcerated (see Matter of Granger v Misercola, 21 NY3d 86, 90 [2013]; Matter of Telfer v Pickard, 100 AD3d 1050, 1051 [2012]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]; Matter of Culver v Culver, 82 AD3d 1296, 1297 [2011]), the Family Court erred in declining to sign the mother’s order to show cause accompanying her petition for visitation.
discussed Cited as authority (rule) LaRussa v. Williams
N.Y. App. Div. · 2014 · confidence medium
Moreover, we discern no basis to disturb Family Court’s direction that the father’s visitation occur within New York or that court’s choice of supervisor (see Matter of D’Angelo v Lopez, 94 AD3d 1261, 1262 [2012]). 4 Nonetheless, there is nothing in the record to indicate that it would not be in the child’s best interests to grant the father’s request that he have direct access to the child’s medical and educational records (see Matter of Deyo v Bagnato, 107 AD3d 1317, 1320 [2013], lv denied 22 NY3d 851 [2013]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]) and we mod…
discussed Cited as authority (rule) LaRussa v. Williams
N.Y. App. Div. · 2014 · confidence medium
Moreover, we discern no basis to disturb Family Court’s direction that the father’s visitation occur within New York or that court’s choice of supervisor (see Matter of D’Angelo v Lopez, 94 AD3d 1261, 1262 [2012]). 4 Nonetheless, there is nothing in the record to indicate that it would not be in the child’s best interests to grant the father’s request that he have direct access to the child’s medical and educational records (see Matter of Deyo v Bagnato, 107 AD3d 1317, 1320 [2013], lv denied 22 NY3d 851 [2013]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]) and we mod…
discussed Cited as authority (rule) Joshua SS. v. Amy RR.
N.Y. App. Div. · 2013 · confidence medium
Generally, visitation with a noncustodial parent is presumed to be in the best interests of a child, even when that parent is incarcerated (see Matter of Granger v Misercola, 21 NY3d 86, 90 [2013]; Matter of Telfer v Pickard, 100 AD3d 1050, 1051 [2012]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]; Matter of Culver v Culver, 82 AD3d 1296, 1297 [2011], appeal dismissed 16 NY3d 884 [2011], lv denied 17 NY3d 710 [2011]).
discussed Cited as authority (rule) Joshua SS. v. Amy RR.
N.Y. App. Div. · 2013 · confidence medium
Generally, visitation with a noncustodial parent is presumed to be in the best interests of a child, even when that parent is incarcerated (see Matter of Granger v Misercola, 21 NY3d 86, 90 [2013]; Matter of Telfer v Pickard, 100 AD3d 1050, 1051 [2012]; Matter of Ruple v Harkenreader, 99 AD3d 1085, 1086 [2012]; Matter of Culver v Culver, 82 AD3d 1296, 1297 [2011], appeal dismissed 16 NY3d 884 [2011], lv denied 17 NY3d 710 [2011]).
discussed Cited as authority (rule) Rulinsky v. West
N.Y. App. Div. · 2013 · confidence medium
With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).
discussed Cited as authority (rule) Rulinsky v. West
N.Y. App. Div. · 2013 · confidence medium
With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).
discussed Cited "see" Matter of Bloom v. Mancuso
N.Y. App. Div. · 2019 · signal: see · confidence high
Thus, we find no basis to disturb the court's determination denying the father's request for in-person visitation with the subject child at the prison ( see id. ; Matter of Butler v Ewers , 78 AD3d 1667, 1667-1668 [4th Dept 2010]; see generally Matter of Ruple v Harkenreader , 99 AD3d 1085, 1086 [3d Dept 2012]).
Retrieving the full opinion text from the archive…
In the Matter of Bryan Ruple
v.
Shannon Harkenreader, (And Two Other Related Proceedings.)
Appellate Division of the Supreme Court of the State of New York.
Oct 18, 2012.
99 A.D.3d 1085
Garry.
Cited by 22 opinions  |  Published
Garry, J.

The parties are the parents of a child (born in 2008). Petitioner (hereinafter the father) was incarcerated shortly before the child was born and is serving a prison term of 31/2 to 7 years. A 2008 order awarded sole custody to respondent (here[*1086] inafter the mother) and provided the father with visitation as the parties might agree. In 2011, the father commenced three modification proceedings, seeking initially to compel the mother to permit and pay for his telephone contact with the child, and subsequently making additional requests including scheduled visits with the child at the prison. Following a fact-finding hearing, Family Court denied the father’s request for scheduled visits and continued the prior provision for visitation as agreed upon between the parties. The court modified the prior order by permitting the father to have reasonable telephone contact with the child at no cost to the mother, allowing the father to send up to four letters to the child per month, directing the mother to send a photograph of the child to the father each month, and directing the father to engage in domestic violence counseling before any unsupervised visits with the child after his release. The father appeals.

A party seeking to modify a visitation order must show a change in circumstances resulting in a need for the modification to ensure the best interests of the child (see Matter of Bunger v Barry, 88 AD3d 1082, 1082 [2011]). Here, the father met this standard by revealing changes following entry of the 2008 order that had affected his ability to maintain a meaningful relationship with the child. During the father’s initial confinement in a county jail, the mother had brought the child for weekly visits. Thereafter, the parties terminated their previous romantic relationship and the father was transferred to a state prison facility located a significant distance from the mother’s home.* The mother then stopped transporting the child for visits, and the father has had no subsequent contact with the child in person or by telephone.

“Visitation with a noncustodial parent is presumed to be in a child’s best interests even when the parent is incarcerated” (Matter of Chambers v Renaud, 72 AD3d 1433, 1434 [2010] [citation omitted]; see Matter of Flood v Flood, 63 AD3d 1197, 1198 [2009]); however, the central issue is the best interests of the child, and visitation “need not always include contact visitation at the prison” (Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; see Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]). Here, Family Court’s findings regarding the child’s very young age, the parties’ severely limited financial resources, and the great distance the child would have to travel for visitation are well supported in[*1087] the record. We note in particular that neither party was able to arrange or pay for transportation. Thus, a sound and substantial basis exists to support Family Court’s determination that scheduled visits would not be in the child’s best interests, and we find no reason to disturb it (see Matter of Smith v Smith, 92 AD3d 791, 792 [2012]; Matter of Goldsmith v Goldsmith, 68 AD3d 1209, 1210 [2009]; Matter of Williams v Tillman, 289 AD2d 885, 885 [2001]). Nor did Family Court err in limiting the father’s correspondence with the child to four letters per month, given his testimony that he was seeking to send “a couple [of letters] a month” and had previously sent approximately one letter each month. Further, in view of the mother’s testimony as to derogatory remarks contained in the father’s prior correspondence and previous incidents of domestic violence, the court properly directed the father to include “only material directed at the child and no comments to or about the mother.”

Family Court’s direction that the father receive domestic violence counseling before having unsupervised contact with the child after his release from prison must be reversed. While a court may direct a parent to submit to treatment or counseling as a component of visitation, it may not impose such a requirement as a condition of future access to the child (see Matter of Smith v Dawn F.B., 88 AD3d 729, 730 [2011], lv dismissed 18 NY3d 855 [2011]; Matter of Lane v Lane, 68 AD3d 995, 997-998 [2009]; compare Matter of Remillard v Luck, 2 AD3d 1179, 1180 [2003]). Additionally, the father correctly notes that his request for medical and educational information was not addressed. As there was no showing that it would not be in the child’s best interests for the father to have such information, we modify the order to afford the father access to the child’s medical and school records, at his own expense, and to direct the mother to advise him of any significant changes in the child’s health such as hospitalizations or major injuries (see Matter of Graves v Stockigt, 79 AD3d 1170, 1171-1172 [2010]; compare Matter of Flamio v Flower, 46 AD3d 1265, 1265 [2007]).

Finally, contrary to the father’s argument, there was no request for custody modification — nor in the circumstances presented, could such a request have been entertained. As there was no showing that the failure to reference the search required by Family Ct Act § 651 (e) in the order was of any significance, we decline to address this issue.

Mercure, J.E, Malone Jr., McCarthy and Egan Jr., JJ., concur. Ordered that the order is modified, on the law, without costs, by (1) reversing so much thereof as directed petitioner to engage in education and therapy pertaining to domestic violence as condi[*1088] tions precedent to unsupervised visitation with the child following his release from prison, and (2) directing that respondent shall advise petitioner of significant changes in the child’s health and petitioner shall have access to the child’s medical and educational records, at his own expense, and, as so modified, affirmed.

The father was housed in Attica Correctional Facility in Wyoming County when he commenced these proceedings and had been transferred to Albion Correctional Facility in Orleans County at the time of the fact-finding hearing.