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Residential Custody Given to Father

father's rights lawyersDelacruz Swan brought an appeal to the Appellate Division of the Third Department (Appeals Court) after she lost custody of her child. She originally had entered into an agreement with the father which gave her sole legal and physical custody of her child. The father had visitation.

 Mother Violated Custody Agreement

The mother relocated without a court order or the father’s permission to North Carolina. She also had been intoxicated in the child’s presence.

 The father brought an application to the Family Court requesting he receive joint custody of the child. The Family Court found the mother had intentionally violated the prior custody order.

On appeal, the court found the mother had relocated to Massachusetts without providing the father with an address, telephone number or any other means to get in touch with the child. During the course of the hearing, the mother also conceded she had been intoxicated in the presence of the child, which was a violation of the prior custody order.

In the end, the court based its opinion on the mother’s lack of acting appropriately in the presence of the child because of  alcohol abuse and other mental health issues. The court found the mother to be an unfit custodial parent.advocates for fathers

About Elliot S. Schlissel

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