We Can Help With Custody Disputes

Family dynamics are often volatile. When parents disagree over the living situations of children, emotions can run high. It is important at these times to have family lawyers whom you trust to advise you during these trying times. Sometimes, the failure to have representation can cost a parent the custody of his or her child. When a custody case involves domestic violence and ill-advised choices that have been made by one or both parents, it can be difficult for the state to make an educated decision. Even in cases where morality seems clear from a public perspective, the legal ramifications can be complex. Only an attorney can guide a family member through the legal complexities towards a just outcome.

Case Study: New York 2002-2008

An example of when a family attorney made a tremendous difference in a child’s life occurred when this case was brought to the New York Supreme court in 2008. The family dispute began in May of 2002. A young couple who had only been together a short time, became pregnant and got married. He was a first grade teacher and she was an interpreter, and from the outside it may have appeared to be a good match. Unfortunately, the husband proved to be dangerously abusive.

While his wife was pregnant, the couple had an argument that turned physical. The husband threw his pregnant wife down a flight of stairs. Her sister was present and witnessed the offense. The wife attempted to call the police for help, but she was prevented from calling because her husband took the phone away from her and pulled it from the wall. The woman moved out of the house and did not return. The woman lived apart from her husband after this incident. She returned to her family in California and raised the child with their help. The father showed no interest in their lives.

When their son was five years old, his father filed for full custody in a New York court. He claimed that he had been unaware of the child’s location for the previous five years. Since the man had initially lied to the court about the boy being hidden, the New York court gave the man full custody. He traveled to California and removed the child from his mother.

Justice Through the Courts

The court later rejected this argument since the man clearly was aware of the wife’s family’s location and could have located her through them if he had tried. The truth was that he had met another woman and planned to marry her. She had one son about the age of his son and she was pregnant with the man’s baby.

The woman returned to New York and obtained family lawyers to represent her in the hearing. She was able to prove that the man had lied to the court and was able to regain custody of her child. If she had not been represented, it is likely that she would not have been able to have her son returned to her custody. She needed a family attorney to fight for her all the way to the Supreme Court. This case was decided on July 22, 2008 in the Supreme Court of the State of New York, Kings County. (2008 NY Slip Op 51593[U].)