Mothers Abusive Behavior Opens the Door For Father to Get Full Custody Of Children


father's rights lawyersA decision by Justice Rose of the Third Department, Appellate Division (an appeals court) found an abusive mother had a “lack of insight” concerning her children.  This is the basis for the court awarding the father sole custody of their three children.

The Family Court, St. Lawrence County, in upstate New York found the mother swore and yelled at her ten year old son.  She even called him an “asshole” on her Facebook account.  She claimed she called him an asshole because that’s what “he is.”  She wanted all of her friends to know her son was an asshole.

Barbara Potter, a Family Court Judge siting in St. Lawrence County found joint custody was no longer viable.  She had awarded sole custody to the father.  The Family Court found the family’s oldest child had mental health problems.  Although he participated in counseling, the mother refused to cooperate.  She also used physical force to restrain her son.  The court found she yelled at him on a regular basis and made disparaging remarks to him.

 Order of Protection Given To Children Against Mother

Judge Potter found the mother’s behavior to be so outrageous she granted the children an Order of Protection against her.  She was barred from posting communications about the children on any social networking website.  The decision of Justice Rose in the Appellate Division came from an appeal brought by the mother.

 Appeals Court Unanimously Finds Against the Mother

The Appeals Court found that the mother’s inappropriate use of the Internet to make demeaning, disparaging, inappropriate remarks about her child was outrageous.  The Court also found she showed a lack of remorse and insight concerning her lack of parenting skills.

The Appellate Court affirmed the decision of the Family Court changing custody from jointly held between the father and mother to sole custody to the father as well as granting the Order of Protection to the for fathers in custody disputes

About Elliot S. Schlissel

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