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Father Given Sole Legal and Physical Custody of Children: He is Allowed to Relocate Back to Texas With the Children From New York

helping father's win custody There was recently an interesting case before Justice Lori Sattler who sits in the Supreme Court Part in New York County. A father and a mother had each brought petitions in a post judgment custody proceeding. Each of them sought sole legal and physical custody of the parties’ two children. The father presented in his moving papers there had been problems regarding his visitation with the children, especially during weekends and holidays. He claimed these problems arose right after the wife moved from Texas to New York. The wife, who had received custody of the children from a court in Texas, moved to New York several days after entry of the judgment of divorce giving her custody by the court in Texas.

Mother Alienates the Children Against Father

The father, in his moving papers, asserted the mother had been involved in a program of parental alienation of the children against him. He also argued in his papers the mother was an unfit parent. He claimed she was incapable of taking care of the children because she was continually abusing drugs.

Mother’s Arguments

The mother alleged in her papers the father had sexually abused his daughter. However, the court after reviewing the allegations and the evidence submitted regarding these allegations determined that this was not true. Justice Sattler found the mother to be less than honest in her testimony. She found there were inconsistencies in the mother’s testimony. Justice Sattler held the mother’s testimony created questions with regard to her ability to help develop a loving relationship between the children and the father. She concluded there was a change of circumstances since the entry of the judgment of divorce in 2011 by the court in Texas. She found this change of circumstance required she reevaluate what was in the children’s best interest.

Custody Modified

Justice Sattler determined a modification of the Texas custody order was warranted. She ruled the father was to receive sole legal and physical custody. In addition, she authorized him to relocate back to Texas because this was in the children’s best interests. Justice Sattler went on, in her decision, to state the father was more capable of providing the children with a stable and appropriate living environment. He was better suited to foster a relationship between the children and their mother.

Conclusion

custody for husbandsIn this case, the court found the father was the more stable parent and it was in the children’s best interests to live with the father in another state. The writer assumes the mother’s parental alienation of the children contributed to this judge’s decision to award the father sole legal and physical custody. The author of this article has been involved in dozens of cases where mothers have failed to promote the loving relationship between the father and the children. Alienating children against one parent damages the children. It is in children’s best interest to have two loving parents and not to be participants in a war of roses between the parents.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.