Father Denied Custody – Custody Given to Wife

father's rights lawyerAn action for divorce was brought in Westchester County. A judge granted the plaintiff, wife, a judgment of divorce. The parties had two children from the marriage. They had settled all issues concerning who was going to pay the marital debt and any equitable distribution of marital assets. The court was faced solely with the issue of who would receive custody of the children of the parties.

Justice Linda Christopher rendered a decision that the mother was more willing to allow and encourage access, and to promote a positive relationship between the children and the father. In addition, there were allegations of domestic violence and issues with regard to the mental stability of the parties.

Father Acts Inappropriately

Justice Christopher noted in her decision the father did not allow the children to go to the mother’s place of residence until the mother obtained a court order regarding this matter. In addition, she found the father was a controlling individual. He had demeaned the mother in front of the children. In addition he had, without cause or justification, called the police on the mother and advised her she was nothing more than a nanny to his children.

Sole Custody Awarded to Mother

The court awarded the mother sole custody. However, pursuant to the custody order, the mother was obligated to enroll in and remain in a psychotherapy program to help her with her physical displays of anger which had been directed to the father.


Courts take seriously the issue of the residential custodial parent providing a nurturing and positive relationship between the children and the other parent. In this case, the court found the mother was more likely to take this action even though she had anger management issues.

best interest of the childrenElliot Schlissel is a father’s rights attorney. His office helps fathers obtain extensive parenting time (visitation), and custody of their children.

About Elliot S. Schlissel

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