In a recent case, Judge Stacy Bennett, a Family Court Judge now sitting in the Supreme Court in Nassau County granted a father a modification of a previous custody order. The modification granted him the physical custody of his daughter.
In this case the father claimed the mother had been engaged in “vicious behavior” which included repeated false accusations of sexual abuse by the father. These accusations were unfounded. In spite of the fact that they were unfounded they resulted in an eventual alienation of the parties’ daughter.
On three previous occasions the Court had dismissed family offense petitions brought by the mother alleging physical sexual abuse by the father. The Court had also vacated temporary orders of protection in this situation. A Court appointed forensic evaluator, in his report, recommended custody be transferred from the mother to the father. Judge Stacy Bennett agreed with the forensic evaluators findings. She felt the evidence established the mother would continue to make the reports of sexual abuse. She found the mother was “unwilling and unable to promote a healthy relationship between the father and the child. This put the child at risk of emotional damage.”
Best Interest of Children To Give Father Custody
The Court found the best interest of the child would be to modify the previous custody order and change custody from the mother to the father. The Judge found that the mother was unfit to continue to act as her daughter’s custodial parent.
Guilty Until Proven Innocent
Fathers, for decades, have found themselves guilty until proven innocent of false charges of child abuse. This decision is a step in the right direction!
About the Author’s Law Firm
The Law Offices of Schlissel DeCorpo
have represented thousands of fathers in child custody and visitation proceedings throughout the Metropolitan, New York area during the last 45 years. We offer free consultations and our phones are monitored 24/7.
About Elliot S. Schlissel
