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Husband Seeks to Increase Custody Based on a Stipulation


In a matrimonial action in which the parties were divorced by a judgment, the complainant husband appeals from the decision and filed an instant action for a divorce and ancillary relief against his wife. A New York Family Lawyer said that prior to the entry of the divorce decision, the husband and wife entered into a duly executed stipulation of settlement, which awarded the wife of their children’s custody. The stipulation was incorporated but not merged in the decision of divorce. Following to the execution of the stipulation and the entry of the decision, the wife moved to enforce certain terms of the stipulation. Thereafter, the husband sought to transfer the custody of the two minor children to him or to increase his visitation and to suspend or reduce his agreed-upon child support payments.

The court correctly determined that there must be no change of custody of the parties’ two children. Consequently, the court properly refused to transfer custody to the father, or increase his visitation. The mother’s position with regard to visitation did not raise to the level of active interference with or deliberate frustration of the husband’s visitation rights. In addition, the court also examined the husband’s remaining contentions and find that they lack merit.

In another trial, another father also filed an appeal from an order of the family court. A New York Custody Lawyer said the complainant father sought a modification of a decision to permit him to have visitation with his daughter. Based on records, to warrant modification of an order fixing visitation, there must be a change of circumstances, and the change must be material.

Consequently, a hearing was conducted in the said case to ascertain whether a material change had, in fact, occurred. A Queens Family Lawyer said the evidence was presented at the hearing indicates that no material change of circumstances exists. The complainant father continues to exhibit the narcissistic and selfish attitude that he exhibited in the past. He considers himself victimized by the denial of visitation and refuses to acknowledge that his past abusive behavior is responsible. He exhibits no empathy for his daughter or insight into her situation. Further, the evidence presented during an in-camera interview with the child confirms that b with the complainant father would not be in the best interests of the child at this time. As a result, the court denied the complainant’s petition for modification of an order as well as denying him in the visitation request with his daughter. The court also found no merit to the complainant’s remaining contentions.

Lastly, another child custody proceeding was filed where the mother appeals from an order of the family court.

Based on records, the court’s major concern in any custody dispute is whether a determination of custody is in the best interests of the child. A Queens Custody Lawyer said the custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties and where a full evidentiary trial has been held on the child’s best interests and the resultant findings will not be lightly set aside on appeal. Consequently, the family court’s findings should be accorded deference and its determination should not be disturbed unless it lacks a sound and substantial basis in the record.

Contrary to the mother’s contention, the family court’s finding that the child’s best interests would be served by an award of sole custody to the father, with supervised visitation only to the mother, has a sound and substantial basis in the record.

As a result of the proceeding, the court decided to deny the mother’s appeal and therefore granted the father’s petition for sole custody of the child and only awarded supervised visitation with the mother.

Broken families experience difficulty with regards to where and with whom the children will live. Most of the time both the father and the mother asked the court for sole custody of their children but the court bases its decision on the best interest of the children. If you are a parent who wishes to have the fair custody of your child, you can ask help from the NYC Child Custody Attorney or NY Family Attorney. However, if you need further legal assistance, you can also have the New York City Child Support Lawyer at Stephen Bilkis and Associates.

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