In a case in New York County, a father had custody of the party’s child. The mother brought a lawsuit to change custody. She sought full decision making authority regarding the parties’ child. She claimed there had been a change in circumstances. The pleadings indicated the father “repeatedly and unreasonably fails to communicate…regarding the child’s health, medical, dental and educational issues.”

THE MOTHER’S ALLEGATIONS

The Mother specifically alleged the child was consistently failing to log in or logged in late for his school classes. The school classes had been held remotely during the course of the Covid-19 pandemic. She claims in some situations the child was marked absent because he logged on so late. The mother also claimed the child failed to turn in school work and didn’t attend supplementary tutoring.

THE FATHER’S POSITION

The Father brought a motion to dismiss the mother’s petition. Judge Hasa Kingo sitting in the Family Court of New York County ruled the allegations of the mother, even if true, did not establish there was a change in circumstances which would warrant a hearing regarding the best interests of the child. Judge Kingo noted the overwhelming majority of petitioner’s allegations involved remote schooling. These allegations took place in 2020. In 2021, the child returned to school on a full time basis and therefore these allegations were no longer relevant.

The Judge in this case dismissed the mothers petition for change of custody to her and for her to have full decision making authority.

CONCLUSION

This is a case where the father continues to have custody of his child. Fathers who fight to keep custody of their children can be successful!

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.