Video : Situation where a father was held in contempt for failure to pay his child support obligations
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.
