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Mother Appeals New York Family Court Decision Reqarding Parental Access

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In the Matter of F v P

Decision

This is a proceeding held pursuant to Family Court Act Article 6. The mother appeals an order from Kings County Family Court. The court granted the mother’s request for parental access to the child who is in Equador.

The Order is affirmed.

The mother and father filed a petition for custody of the child in 2016. In 2017, however, the mother withdrew her request because she was moving to Spain. In 2017, sole legal custody was awarded to the father. Later the father suggested that the mother have access to the child in Equador. The child’s maternal grandmother lived there, and the mother had other family ties there as well. The mother opposed this and continued to seek access to the child in Spain. In 2008, the court granted the mother access to the child in Equador. The mother appeals.

The court will always primarily be concerned with what is in the best interests of the child (Matter of Fowler v Rivera, 134 AD3d 708, 709). The credibility findings of the family court will be afforded great weight, and custody will not be disturbed unless the arrangement lacks a sound and substantial basis in the record (Matter of Jarvis v Lashly, 169 AD3d 1043).

Despite the mother’s contention, there is a sound basis to grant the mother parental access in Equador. The court found that the child had no family ties in Madrid, yet had family relationships and a grandmother in Equador.

The court also found that the father had a valid concern about the child being able to return back to the US.

The court also recognizes the mother’s history in the court with tardiness and failures to appear. This behavior casts doubt on her ability to return the child from Madrid.

The mother’s other arguments are without merit.

Family law matters can become complicated. It is important to have skilled legal counsel working on your behalf to ensure your interests are protected. Speak to a New York family lawyer from Stephen Bilkis and Associates for guidance. They will provide you with skilled legal guidance and a free consultation. They have offices to serve you throughout the New York area, including locations in Manhattan, Queens, the Bronx, Brooklyn, Staten Island, Nassau County, Suffolk County, and Westchester County. Call them today for an appointment at 1-800-NYNYLAW.

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