Video : Denial of an order of protection a mother sought to seek, sought to obtain, actually, against a father
Father’s Rights In New York Family Court
In the Family Courts of New York, Fathers have equal rights with regard to issues concerning child custody and visitation of their children. After it is established who the Father is, the child then receives rights to inherit from the Father and the child can participate in the Father’s health insurance plan.
No Preference Between Mothers And Fathers And Family Courts
In Family Court in New York, the issues concerning who receives child custody, whether it be the Father or the Mother is determined by what is in the best interest of the child. Neither the Father nor the Mother receives any type of preference with regard to issues concerning who shall receive custody.
Being Married or Not Married Doesn’t Usually Matter
Whether parents are married or not is usually not an issue in determining custody. Custody determinations in the state of New York can be made either by the Family Court or the Supreme Court. In divorce cases, which take place in the Supreme Court, a Judge can make rulings on custody. Custody cases in the Family Court can be brought by people who are married or unmarried. The Family Courts in the state of New York have simultaneous jurisdiction concerning issues of custody with the Supreme Court.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
Mother Denied An Order Of Protection Against The Father
In a case in Oneida County, New York before a Judge F. Christopher Giruzzi, a Mother sought to modify a prior order giving the minor child of the parties’ custody to the Father. She alleged there had been a change in circumstances. She claimed the Father did not permit unfettered telephone access with the child. She also claimed the Father made disparaging remarks about her while the child was present. She claimed all of the aforementioned allegations were in violation of the prior order of custody.
Allegations Of Harassment Against The Father
The Mother, in addition, sought an order of protection against the Father. She alleged he committed a family offense of harassment against her. The allegations were simply that he comes to the home for exchanges, and we are “very uncomfortable”.
The court ruled the Father will continue to be the sole residential custodial parent of the child. The judge set a specific schedule to eliminate extensive communication between the parties.
The court found the Mother, being “very uncomfortable” does not constitute a family offense which would require, or be the basis for, an order of protection against the Father.
Conclusion
The Mother in this case simply wanted to change residential custody from the Father to her. She didn’t present a reasonable argument for there to be a change in custody.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
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Father Granted Downward Modification Of Child Support
In the case before support Magistrate Sandra Mendelson-Toscano, sitting in the Family Court of Nassau County, a father filed a downward modification of child support petition asking that his child support obligations be reduced. The parties had previously been divorced and there were two children of the marriage. Upon receiving the downward modification child support petition, the mother filed an enforcement action against the father. She alleged he failed to pay child support payments in a timely manner.
THE TRIAL AND THE COURT’S DECISION
There was a joint trial held before Support Magistrate Mendelson-Toscano. She ruled since the father’s income had decreased by more than 15% since the previous child support order had been made, he was entitled to a downward modification of his child support payments. She thereafter entered a decision modifying his support obligations retroactive to the date he brought his child support downward modification case. In addition, the support magistrate ruled the father was entitled to credit for child support payments he made and a dollar for dollar credit for room and board payments he made while his son was attending college.
However, even though the father’s child support payments were reduced and he received some credits, the Support Magistrate found he still owed child support arrears to the mother. Therefore, Support Magistrate entered a non-willful finding ordering the father to pay mother’s attorney’s fees since he had failed to comply with the condition precedent as set forth in the prior child support order.
CONCLUSION
In this case the father won on some issues but was still forced to pay the mother’s attorney’s fees.
p>Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
