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Court Rules on Custody Battle


A New York Family Lawyer said in this Family case, in related child custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County, as, without a hearing, awarded custody of the parties’ children to the father.

According to a New York Child Custody Lawyer, the Family Court entered a finding of child neglect against the mother pursuant to article 10 of the Family Court Act upon the mother’s admission, at a fact-finding hearing, to allegations that she tested positive for marijuana, obtained Xanax from a neighbor, and used both Xanax and marijuana on a regular basis. Additionally, the Family Court, conducted a dispositional hearing, and was concluded thereafter.

At that hearing, evidence was adduced that supported a finding of the mother’s continued drug use, and additional evidence demonstrated the mother’s history of mental health issues, inappropriate conduct during visitation, and inappropriate conduct in making, or having her daughter make, false allegations against the father.

Further, a Queens Family Lawyer said at the hearing, the caseworker for the Children’s Services recommended that the children be released to the custody of the father. Moreover, a psychologist, who conducted a mental health examination, opined that the mother was in need of additional services prior to reunification. In an order of disposition, the Family Court, inter alia, released the subject children to the care of the father under the supervision of the child services for a period of six months. Subsequently, the Family Court, awarded custody to the father pursuant to article 6 of the Family Court Act without conducting a hearing.

A Queens Child Custody Lawyer said that contrary to the mother’s contentions, the Family Court possessed adequate relevant information to enable it to make an informed decision as to the best interests of the children without conducting a hearing, and the record supports a finding that it was in the children’s best interests for custody to be awarded to the father.

Thus, the Court held that the custody should be awarded to the father of the subject child.

In another case, In related custody and visitation proceedings pursuant to Family Court Act article 6 and a related family offense proceeding pursuant to Family Court Act article 8, the mother appeals from (1) a decision of the Supreme Court, Kings County, made after a hearing, and (2) an order of the same court, which, upon the decision, awarded sole custody of the child to the father.

In adjudicating custody issues, the paramount concern is the best interests of the child. Since the Supreme Court’s determination in a custody dispute is based upon a first-hand assessment of the parties, their credibility, character, and temperament, it is generally accorded great deference on appeal and should not be disturbed unless it lacks a sound and substantial basis in the record.

Contrary to the mother’s contentions, the Supreme Court properly considered the totality of the circumstances in determining that the best interests of the child would be served by awarding custody to the father, with liberal visitation to her. That determination is supported by the record, including the testimony of the parties and the recommendation of the court-appointed forensic evaluator. Since the Supreme Court’s determination has a sound and substantial basis in the record,

it will not be disturbed.

The Court in dismissing the case likewise held that the mother’s remaining contentions are without merit. Particularly, It ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision and it is further ORDERED that the order is affirmed, without costs or disbursements.

A child of tender age should be taken care of with utmost care. Thus, the child’s best interest should be the paramount consideration in case of child custody or visitation cases. Here in Stephen Bilkis and associates, we have lawyers who specialize in this field. Our Kings County Child Custody attorneys will render their advice to you as to the availability of the remedies sanctioned by law. For other family matter concerns, don’t hesitate to consult also our Kings County Family lawyers. Contact us now and be adviced.

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