Friday, September 23, 2011

Judge Courtenay Hall: 5-year-old daughter must visit pedo daddy in prison (Albany, New York)

Beyond outrageous! Why in the hell is it in this girl's best interest to visit pedo daddy CHRISTOPHER CULVER in prison, where he is surrounded by all kinds of other mean, nasty criminals? It's NOT. More evidence that the New York state courts have sold out to the fathers rights people.

http://www.timesunion.com/local/article/Boys-molester-can-see-daughter-2183998.php

Boys' molester can see daughter

Imprisoned ex-teacher who fondled boys wins time with daughter, 5
By TIM O'BRIEN Staff writer
Updated 07:28 a.m., Friday, September 23, 2011

ALBANY -- The wife of a convicted pedophile is being forced by the courts to let their daughter visit him in prison.

Christopher Culver is serving 12 years in state prison for sexually molesting eight young boys in a Clifton Park classroom. But a state appeals court did not see that as a reason to bar him visits with his daughter four times a year.

On Thursday, the state Court of Appeals rejected the effort by Culver's ex-wife, Kristi Van Patten, to appeal the order, ending her legal battle to keep her daughter away from the convicted child abuser. Culver had not seen their daughter, now 5 years old, since she was 18 months old.

"I'm disappointed," said Van Patten's attorney, Michael Friedman. "It's now the law in the state of New York that child molesters can seek to have their children brought to a maximum security prison for visits. I think that's not the way it should be."

Culver signed a separation agreement in 2007 without making any agreement on visitation rights. The couple divorced, and Culver filed for visitation rights in November 2008.

In March, the state Appellate Division of state Supreme Court upheld a lower court ruling from Saratoga County Family Court Judge Courtenay Hall. The decision was split 3-2.

"When you have a 3-2 dissent in the Appellate Division, she had the right to seek an automatic appeal if we could prove it was a matter of law," Friedman said.

The court rejected the argument that it was a matter of law, requiring Van Patten to request permission to file an appeal. On Thursday, the Court of Appeals rejected that argument, ending any chance of a reversal of the ruling.

Hall also ruled Van Patten should pay for the child's counseling before each visit -- as well as telephone conversations between the father and daughter. The appellate court ruling said the father should bear the costs.

In 2008, Culver pleaded guilty to a 49-count indictment. Culver was found to have fondled first-grade boys at the Okte Elementary School over a five-month period in 2006 and 2007, at times in a hidden portion of his classroom set aside for tutoring. He later tried to revoke his plea but that effort was denied.