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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47102 Justice Adams ALTHOUGH AWARDED visitation rights, defendant father – serving a sentence of eight years to life imprisonment and participating in the Witness Protection Program – sought joint custody of the divorced parties’ children. Plaintiff mother moved for summary dismissal of defendant’s joint custody and for sole custody of the children. Defendant expressed his intent to withdraw from the Witness Protection Program and contended that he desired to remain involved in matters affecting the children’s health, education, upbringing and welfare. The court awarded custody to plaintiff mother, finding that it was in the children’s best interest to remain in her care. Concluding that the parties were not amicable and unable to communicate with each other for the children’s best interests, the court determined that defendant father’s incarceration and participation in the Witness Protection Program, together with the parties’ inability to communicate, precluded consideration of his request for joint custody.

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