Father Given Legal and Physical Custody of Special Needs Child

Forensic Evaluator Appointed

In a case in Richmond County, New York, a wife commenced a divorce lawsuit against her husband. The issue as to who would be the more appropriate parent to have custody of the parties’ special needs child was presented to the court. Justice Catherine DiDomenico sitting in the Supreme Court in Richmond County appointed a neutral forensic evaluator. The forensic evaluator was appointed to look into the issue of who would be the more appropriate custodial parent. After a detailed examination of the circumstances involving the child’s life, the forensic evaluator wrote a report suggesting the father should have physical and residential custody of the parties’ special needs child.

Wife Had Questionable Credibility

Justice DiDomenico took into consideration the testimony of the parties before rendering a decision. She found the wife’s credibility was at times not to be taken seriously. Her testimony was contradicted by other witnesses. She had lied to both ACS and the Family Court referee with regard to her relationship with her ex-husband, a man who had been convicted of murder. She also had a violent criminal history of her own which made her less acceptable to be a custodial parent.

Father Honest and Forthright

Although the father had prepared a net worth statement which had a number of inaccuracies, the court found he was honest and forthright and credible with regard to his testimony. Justice DiDomenico ruled the father was the parent better suited to meet the everyday needs of the parties’ special needs child. This specifically referred to the child’s medical and educational needs. The court also noted the mother did not even accept, until fairly recently, the fact that her daughter had special needs. The mother was shown to be inflexible and failed to foster a relationship between the child and the child’s father. She was therefore “less fit” to be the residential custodial parent. The father was awarded sole legal and physical custody.

Elliot S. Schlissel is a father’s rights lawyer.