January 13th, 2011
In a case before Justice Sunshine, sitting in the Supreme Court located in Kings County (Brooklyn, NY), the judge was presented with a situation where the father had initially been awarded custody by default in a divorce in the year 2005. In 2008, the mother moved for a change in custody in the Family Court. Her application was denied. In the case before the court in August 2010, Justice Sunshine did find a sufficient change in circumstances since the Family Court Order of 2008. He modified the Family Court Order and gave the mother custody of the parties’ children.
In 2008, the children wanted to live with their father. Now they have expressed a strong desire to live with their mother. She has now found a new residence, she has changed her work schedule and she is now more available to spend time with the children.
Violence in the Father’s Home
The mother testified to a situation involving violence in the father’s household. The father’s testimony was a denial of the existence of the violence in his household. The Court did not believe the father.
The Court indicated there were several incidents where the father punched the oldest child in the ribs. He also had made the oldest child ride on a city bus until 1:00 a.m. There was an additional incident where the grandfather (paternal) who resided in the same house as the father punched the youngest child in the leg. The father also ripped up the attorney for the children’s business card in front of the children and called her a “white devil”.
Best Interests of the Children
The Court indicated that the father was involved in his children’s lives. However, the Court felt the father’s behavior was somewhat less than exemplarary. In the Court’s opinion, the children’s best interests were served by changing custody and making the mother the sole custodial parent. The children’s fear of their father, his level of intimidation in dealing with his children and the violence in the household required an immediate change in custody.
NY Father’s Rights Lawyers
Father’s rights lawyers at the Law Office of Elliot S. Schlissel have been representing fathers in all aspects of matrimonial and family law for more than 30 years. We represent fathers with regard to custody proceedings, modification of custody proceedings, and child support proceedings, modifications of support proceedings, child abuse, child neglect proceedings, orders of protections in divorce proceedings in the Supreme Court and proceedings in Family Court. We also are very active in representing grandparents regarding grandparent’s rights cases. Call our office for a free consultation at 1-800-344-6431; 516-561-6645 or 718-350.