In the Matter of Shawn G. Granger v. Danielle D. Misercola

Summary

The Court affirmed the Appellate Division’s order granting the incarcerated father visitation, holding that the rebuttable presumption in favor of visitation applies to noncustodial parents even when incarcerated and may be rebutted only by a showing that visitation would be harmful. The Court also affirmed the lower courts’ factual findings as supported by substantial evidence and held that the change in the father’s prison location should be addressed through a modification petition, not on initial review.