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Mother Cannot Modify Custody of Children

In a Westchester Family Court case, a mother sought to modify a judgement of divorce in which the father had received custody of the children. The judgement of divorce gave the father sole legal custody of his two young children.

The mother petitioned the Family Court in Westchester County to enter a new order giving her physical custody of the children. She claimed there had been a change in circumstances. She claimed further that the children now wished to live with her. The mother asserted that she was the superior parent and that the father was “unfit to be the custodial parent“.

The mother’s claims were rejected. The court found the mother’s claims were spurious. The father did not neglect the children. The court also placed on the record the facts and circumstances concerning the mother’s past substance abuse history. The mother also suffered from depression, had been involved in suicide attempts and had abandoned the children.

The children’s wishes were not controlling. The court stated in the decision that the desire of the children to live with their mother is not the sole controlling factor involving who should be the custodial parent. The judge found the father was a good parent and that there was no evidence that he had neglected his children. The mother’s argument that there had been a change in circumstances was not proven and it was in the best interests of the children to remain with their father.

Fathers’ Rights

Fathers have equal rights to custody in the state of New York. God gives each child two parents. The state of New York says that both parents have equal rights to be the custodial parent of their children. Fathers should be more aggressive in seeking custody of their children. They should be sensitive as to whether the mother is involved in parental alienation of their children.

The fathers’ rights attorneys at the law office of Elliot Schlissel for three decades have been helping fathers obtain custody and visitation rights with regard to their children.

We take an aggressive stand on all fathers’ rights, custody, child support, parental alienation, orders of protection and visitation issues. In cases where there are orders of protection issued against fathers, we fight the orders of protection. We get the fathers back into their homes.

The fathers’ rights attorneys at the law office of Elliot Schlissel have more than 30 years of experience helping fathers maintain relationships with their children. Contact us at 1-800-344-6431 or by email. We can help you!

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore