Custody Change from Mother to Father: Court States This Was The Best Interest of the Child

helping father's win custodySupreme Court Justice John Colangelo sitting in Westchester County recently changed custody from a mother to a father. A post judgment divorce action was initiated involving a 9 year old child.

History of the Case

The mother and father were divorced in 2009. In 2010, the mother had brought a Family Court proceeding for the purpose of modifying the parenting schedule which was initially set forth in the 2009 Family Court Order. The court at that time found the facts required a change in custody. The court found it was in the child’s best interest custody be changed from the mother to the father. The father was thereafter given full legal custody and final decision making. He was also designated as the primary custodial parent. The court found the mother was incapable of promoting a meaningful relationship between the child and his father.


The Actions of the Mother

While the mother had physical custody of the child she did everything in her power to prevent the father from having a relationship with his son. She tried to totally separate the two. The court found her responsibility was to encourage a healthy relationship between the father and son and she did the opposite. The court therefore changed custody.

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About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.