New York Family Law Blog
A mother filed an appeal to dissolve her marriage from her husband. She asked the Court to approve her moving with their daughter, to Louisiana, according to a New York Family Lawyer. She asked the court for the father and her for shared parental responsibility. In her petition, she asked for the court to give reasonable visitation to the father. She did not ask for the father to be ordered to attend parenting classes, but the Trial Court erroneously filed an emergency order to grant the mother temporary primary residential custody. The court also allowed her to move the child to a different State.
The mother and child moved to Louisiana with the granting of the court order, because of this, the father filed an emergency motion for temporary injunction to prevent the removal of a child and or return of the child to jurisdiction. He filed another motion to rush the appeal against the temporary primary residential custody and order granting the moving of the child to another State. A Westchester County Visitation Lawyer said, the mother’s motion was granted without the court giving the father to present his side and be heard. Aside from this, there was a two-month delay in the evidentiary hearing. After the evidentiary hearing was when the Trial Court granted the petition of the mother and ordered the father to take a thirty-six-week parenting course. Only after he finishes will the parental responsibility issue be reviewed. The father appealed against the decision.
The court reviewed three issues in the case. The first was if the mother presented enough evidence for the Trial Court to give her sole parental responsibility. The Court of Appeals said she was able to. Determine that she was able to do so. The second was about the complete control given to the mother for the visitation. Generally, the court said that this was an error, but given the facts of the case, they said it was not improper.
The last issue the Court of Appeals addressed was the parenting course required that he attend. He said that mother did not ask for it, so he did not know that the court might impose that lengthy course. The court said, typically the court cannot go outside of what was petitioned, but in cases for visitation, the welfare of the child is the one the main priority. Having a parent attend a parenting course is available to judges to foster the best interest of a child. The Court of Appeals dismissed the case.
Each parent has a right to have a meaningful relationship with his or her child according to a New York Family Lawyer. There are instances that the court may limit visitation because of the situation, but they cannot deprive unless the child may be harmed or threatened. They can make parents attend parenting classes to make sure the best interest of the child is prioritized.
Divorce cases are emotionally difficult, particularly when there is a child in the cross fire. If you are involved in a divorce, or require an order for protection, or you have a custody or visitation issue, it is importan to consult with skilled legal counsel promptly. This will ensure that your rights, and the rights of your child are protected throughout the legal process.
Parents who are trying to make sure they do not lose access to their child, so that they can maintain a meaningful relationship with them have options. Stephen Bilkis and Associates can give the guidance you will need to go through with the proceedings. They will make sure your rights as a parent is protected, and see to it that the courts hear your case. We have offices all over New York and Long Island. They are in Queens, the Bronx, Brooklyn, Staten Island, and Manhattan. In Long Island, they are in Suffolk County and Nassau County, as well as in Westchester County. We will give you legal assistance and a free consultation. Call us not at 1-800-NY-NY-LAW