Mohammed v. Cortland Cnty. Dep't of Soc. Servs., 186 A.D.2d 908 (N.Y. App. Div. 1992). · Go Syfert
Mohammed v. Cortland Cnty. Dep't of Soc. Servs., 186 A.D.2d 908 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
24 citation events (13 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Leroy W. (Shanequa W.)
N.Y. App. Div. · 2024 · confidence medium
However, that presumption is rebuttable, and "a demonstration that such visitation would be harmful to the child will justify denying such a request" ( id. at91, quoting Matter of Mohammed v Cortland County Dept. of Social Servs. , 186 AD2d 908, 908 [3d Dept 1992], lv denied 81 NY2d 706 [1993]).
discussed Cited as authority (rule) Matter of Daniel QQ. v. Erin RR.
N.Y. App. Div. · 2022 · confidence medium
Taking into account the testimony from the Lincoln hearings and deferring to the court's assessment of witness credibility ( see Matter of Michelle B. v Angelo C. , 189 AD3d 1907, 1909 [2020]), the court's determination has a sound and substantial basis in the record ( see Hogan v Hogan , 159 AD3d 679 , 681-682 [2018]; Matter of Rohde v Rohde , 135 AD3d at 1013 ; Matter of VanBuren v Assenza , 110 AD3d 1284, 1285 [2013]; Matter of Mohammed v Cortland County Dept. of Social Servs. , 186 AD2d 908, 908-909 [1992], lv denied 81 NY2d 706 [1993]).
discussed Cited as authority (rule) Granger v. Misercola
NY · 2013 · confidence medium
A parent who is in prison does not forfeit his or her visitation rights by being incarcerated. “ [Petitioner's incarceration, standing alone, does not make a visitation order inappropriate,” but a demonstration “that such visitation would be harmful to the child will justify denying such a request” (Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908, 908 [3d Dept 1992], lv denied 81 NY2d 706 [1993]; see also e.g.
discussed Cited as authority (rule) Morales v. Bruno
N.Y. App. Div. · 2006 · confidence medium
Here, although the Family Court incorrectly recited the law on the burden of proof, there is a sound and substantial basis in the record to establish that, under the circumstances, visitation would not be in the children’s best interests at this time (see Matter of Trombley v Trombley, supra at 891-892; Matter of Russo v Russo, 282 AD2d 610 [2001]; Matter of Teixeria v Teixeria, supra; Matter of Mohammed v Cortland County Dept. of Social Servs., 186 AD2d 908, 909 [1992]).
discussed Cited as authority (rule) Edward S. v. Moon
N.Y. App. Div. · 2004 · confidence medium
Notably, both testified that the children were doing well in their new foster homes and opined, inter alia, that visitation with petitioner could potentially undermine the children’s sense of stability in their foster homes (cf. Matter of Scott JJ., 280 AD2d 4, 11-12 [2001]; Matter of Mohammed v Cortland County Dept, of Social Servs., 186 AD2d 908, 909 [1992], lv denied 81 NY2d 706 [1993]).
discussed Cited as authority (rule) Rogowski v. Rogowski
N.Y. App. Div. · 1998 · confidence medium
Although Family Court did not correctly recite the law on the burden of proof, we nevertheless find that there is sufficient proof in this record to rebut the presumption and establish that visitation would not be in the child’s best interest (see, Matter of Simpson v Finnigan, supra, at 593; Matter of Mohammed v Cortland County Dept. of Social Servs., supra, at 908-909).
discussed Cited as authority (rule) Hadsell v. Hadsell
N.Y. App. Div. · 1998 · confidence medium
Where, however, there is substantial proof in the record that such visitation would be harmful to the child, the denial of a request for visitation will be justified (see, Matter of Mohammed v Cortland County Dept. of Social Servs., supra, at 909).
Retrieving the full opinion text from the archive…
In the Matter of Lawal Mohammed
v.
Cortland County Department of Social Services
Appellate Division of the Supreme Court of the State of New York.
Oct 29, 1992.
186 A.D.2d 908
Harvey.
Cited by 20 opinions  |  Published
Harvey, J.

Appeal from an order of the Family Court of Cortland County (Mullen, J.), entered February 8, 1991, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for visitation with petitioner’s child.

Petitioner married Theresa Wood in January 1981 and the couple had a son, Abdul, in October 1981. Due to separations and other difficulties, however, the marriage was a strained one. In January 1985 petitioner shot his estranged wife’s paramour in front of his wife and son during an altercation. Petitioner was subsequently convicted of attempted murder and is currently serving a lengthy sentence in State prison. Wood later married her paramour and left the United States, leaving Abdul in her brother’s custody. In 1989, Wood returned to the United States and voluntarily transferred custody of Abdul to respondent. Abdul was then placed in foster care. Thereafter, in February 1990 petitioner, who had not seen Abdul since January 1985, commenced this proceeding principally seeking visitation with Abdul. Counsel was appointed for petitioner and a fact-finding hearing was ultimately held. Following the hearing, Family Court denied petitioner’s request for visitation after determining that visitation with petitioner was not presently in Abdul’s best interest. An order dismissing the proceeding was entered and this appeal by petitioner followed.

There must be an affirmance. Upon review of all the pertinent evidence in this matter (including the testimony of psychologists, counselors and the Law Guardian’s recommendation), we conclude that Family Court did not exceed its discretion in determining that, inter alia, it was not currently in Abdul’s best interest to have visitation with petitioner. It is true that petitioner’s incarceration, standing alone, does not make a visitation order inappropriate and that parental visitation by the noncustodial parent is presumed to be in a child’s best interest (see, Matter of Wise v Del Toro, 122 AD2d 714, 714-715). It is equally true, however, that substantial proof that such visitation would be harmful to the child will justify denying such a request (supra; see, Paul G. v Donna G, 175 AD2d 236, 237; Matter of Hughes v Wiegman, 150 AD2d 449). Here, respondent’s proof indicated that Abdul, who had[*909] apparently not received good care from Wood’s family and had experienced great difficulties in school, was now thriving in the care of his foster parents and has benefited from being involved in a detailed counseling program. Significantly one of the counselors treating Abdul opined that intermittent visitation with petitioner at this time would create more insecurity and uncertainty in Abdul’s life. A child psychologist who interviewed petitioner, Abdul and Abdul’s teachers concluded that the foster care placement seemed to benefit Abdul and that any movement to reintroduce Abdul to his father should come from Abdul himself so as not to cause him further trauma. While this court is sympathetic to petitioner’s sincere desire to have contact with his son, Family Court was correct in confining its consideration to what is best for the child and not simply to what might be best for the parent. Because the consensus of opinion appeared to disfavor contact between the two at this time, we find no reason to disturb Family Court’s ruling.

Petitioner’s remaining contentions have been examined and found to be lacking in merit. Given petitioner’s incarceration, it would obviously be unrealistic to expect Family Court to grant him physical custody of Abdul. We further find no abuse of discretion in Family Court’s decision to allow a witness to be called out of order and permitting the fact-finding hearing to be held on several nonconsecutive dates. Additionally, petitioner’s claim that Family Court unconstitutionally "severed” his parental rights is unfounded and his reference to cases involving the severing of such rights are inapposite. By simply denying visitation, Family Court did not permanently sever petitioner’s rights. In fact, in its oral decision, Family Court noted that petitioner could bring a new petition if new proof developed that would convince the court that contact with petitioner would be in Abdul’s best interest.

Levine, J. P., Mercure, Mahoney and Casey, JJ., concur. Ordered that the order is affirmed, without costs.