In a case before Judge Javier Vargas, a Judge sitting in the Family Court of Kings County. A Father brought a joint custody petition seeking joint legal custody and full visitation rights with a child he had with the Mother. The Mother wanted to have sole legal custody of the child.
Joint Custody Granted
Judge Javier found it was in the child’s best interest for the parties to share joint legal custody. Each of the parties would have certain spheres of influence with regard to the child. There was evidence presented at trial. The evidence established both parents loved the child. Both of the parents had a positive healthy relationship with the child. Both parents wanted to play an active role in the child’s education and emotional development. In addition, the court found the parents had stable jobs. Both of the parents had residences which were appropriate for the child to spend time in. Both of the parents were also prepared to provide continuous financial support for the child.
Fathers Application Granted
The court granted the Father’s application for joint custody. In addition, the court ruled the Mother would have residential or physical custody of the child. The court went on to hold both the Father and Mother would share in all decision making. This included issues involving education, medical issues, religious up-bringing, residence and extra curricular activities the child would be engage in. The court reserved to the Mother the final determination on major medical and religious issues. The court also awarded the Father the final determination concerning education and extra curricular activities.
Conclusion
This is a case where there were two loving dedicated parents. Both parents wanted what was in the child’s best interest but could not work things out between each other. In this case, Judge Javier Vargas made a Solomon like decision giving the parents joint custody, allowing the child to live with the mother and having both parents involved in the majority of the significant issues involving the child but carving out specific matters each of the parents would be in charge of.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
