In a case before Onondaga Family Court Judge Michael Hanuszczak, a father sought a change in custody due to the mother violating a custody order by preventing him from having access to the parties’ child for a period in excess of one month. He specifically requested physical custody be changed from the mother to him. The mother had brought her own application to the Family Court. She sought a modification of the current custody order from joint custody to sole custody for her.
Mother Violates Custody Order
During the course of the proceedings, the mother acknowledged she had violated the prior custody order by withholding the child from the father. She stated she took this action because the exchanges of the child between the father and the mother had become violent. Judge Michael Hanuszczak found the mother had willfully violated the order of custody. The judge took the position there was enough credible testimony with regard to the change in circumstances warranting a change of the prior custody arrangement. He held the breakdown and deterioration of the parental relationship between the mother and the father was itself a change of circumstances justifying a modification of the custody order.
Father To Provide a More Stable Environment for Child
The judge reached a decision whereby joint custody was no longer viable due to the lack of communication and the hostility between the father and the mother. The judge found the father could provide a more stable environment for the parties’ child. The judge took into consideration that even though the father was unemployed he had stable housing and a family support system. The judge found the mother’s inappropriate behavior during the course of the exchanges of the child and her willful violation of the prior custody order by preventing the father from having parental time with his child was detrimental to the child’s best interests. Judge Hanuszczak therefore awarded the father sole legal and physical custody of the child.
Conclusion
If you find yourself in a situation where the child’s mother is disobeying a custody order which granted you parenting time with your child, you can bring a proceeding to change custody. Children have two parents and both parents have a right to have a relationship with their children.