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Father’s Custody Petition Dismissed Because He Still Lives with Child’s Mother

New York County Family Court Judge Statler dismissed a father’s custody petition based upon the fact that he still lived with the children’s mother. The father in this case brought a proceeding under Article 6 of the New York Family Court Act. He requested custody of both children. He also requested a forensic psychiatrist investigate the mother’s fitness to be a parent.

Parents Never Married

The father and mother were unmarried. They lived together with their children and continued to do so for more than one year during the course of the proceedings in the Family Court in New York County. The father’s petition stated that the court must intervene and deal with the issue of custody, even though he continued to live with the mother. His petition stated that he was the more fit parent. The mother suffered from deep depression. She was an alcoholic and she abused prescription medications.

Judge Satler’s opinion held there had been no reports to Child Protection Services with regard to the mother’s alledged inappropriate conduct concerning the children. The attorney for the mother presented arguements to the court that the parties continued to co-habitate together. The mother’s attorney also stated that the allegations made by the father concerning the mother were untrue.

Judge Satler’s decision was that she could not regulate “the internal affairs of a home”. Her decision further stated that there was no proof that the children were in danger. The father did not prove their reasonable needs were not met. She dismissed the father’s custody petition and his application to have a forensic evaluator appointed.

Fathers’ Rights

Fathers often have a difficult time asserting their equal rights in Family Court. While all laws in the State of New York are gender neutral, many fathers run into an institutional bias against them. The Law Office of Elliot Schlissel has been representing fathers’ rights for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Our office has also has developed an expertise in dealing with matters concerning grandparents’ rights, separation agreements, pre nuptial agreements and post nuptial agreements. Our office handles cases in Nassau County, Kings County, Queens County, Suffolk County and throughout the Metropolitan New York area. Feel free to call us for a free consulation at 1-800-344-6431, 516-561- 6645 or 718-350-2802.

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