Appellate Division of the Supreme Court of the State of New York December 9, 2008 (Franklin v. Richey)

The father and the mother, who are not married and are no longer in a relationship with each other, are parents of a daughter born in 1999. The mother has three other children. The father is incarcerated. During the course of his incarceration, the subject child visited him in prison pursuant to an order of *664visitation.