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Father’s Conduct Not Contemptuous

A proceeding was brought by a mother in Nassau County Supreme Court by Judge Falanga to hold her children’s father in civil contempt. The mother alleged the father, who was awarded custody of their child, had refused to make reasonable accommodations related to her Orthodox Jewish religious practices. She argued that her Orthodox Jewish observence requirements prevented her from driving to pick up and drop off the child. She alleged there were numerous Jewish holidays that fell on her Wednesday visitation days.

Prior Court Order

Judge Falanga took note that there had been a previous order making the father aware of the importance of maintaining a relationship between the mother and the child. However, Judge Falanga did not grant the mother’s application to find the father in contempt. The father suggested that an alternative to the Wednesday visitation, the mother have visitation with the child on Tuesdays. He claimed the mother refused to accept his offer of Tuesday visitation.

Judge Falanga found that although the father’s actions disrupted the visitation routine between the mother and the child his conduct did not rise to the level of being contemptuous. He stated “while visitation was a most precious right the child corresponding need to have normal socialization and age appropriate activities could not be held hostage to a very occasional and intermitant inability of the mother to visit. The mother’s motion to hold father in contempt was denied. Hooray for Judge Falanga!

Fathers’ Rights Law Firm in Nassau County

We litigate all types of father’s rights issues. We represent fathers in Nassau County, Kings County, Queens County and throughout the Metropolitan New York area. We litigate equitable distribution issues, spousal abuse, child support, child visitation, child custody and orders of protection. We protect our clients from allegations of child abuse.

We fight paternity proceedings in the family court. We deal with parental alienation and parental alienation syndrome cases. When the mother seeks to relocate the children making it difficult for fathers to have visitation, we litigate relocation problems. In amicable situations we negotiate separation agreement for our clients. When our clients lose their jobs or have reductions in their income we bring proceedings to reduce their child support obligations. We’re a full service father’s rights law firm. Our experience in the father’s rights area can help you in your case. Call us for a free consultation.

Father Loses Custody of Children

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 Offices of Schlissel DeCorpo 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 718-350-2802.

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