An appeals court in New York determined that a family court now has the
ability to grant
custody to parents who have been banned from contacting their child by a criminal
court. If the court order has a clause noting that it may be changed in
the future, then the appeals court ruled that a family court may ignore
the order if it is in the best interest of the child. The decision was
unanimous by the members of the court.
The decision was a result of a plea by a Queens woman, M. A., who wanted
custody of her son in May of 2012. She had been convicted of beating her
son, after pleading guilty to endangering the welfare of a child. When
convicted, she was barred from contacting her son. The ruling required
her to complete anger management and parenting courses, after which they
order of protection to depend on the family court's decision.
In May, the family court decided that Maria could see her children, but
the father still had custody. She was still banned from having overnight
and unsupervised visits with her son. Both mother and children appealed
to the courts, who took the case because it had come up so often without
resolution. Justice John Leventhal, a member of the appeals court, commented
that family courts were better suited to decide such cases because they
usually are more informed as to the children's wishes and the parent's
ability to care for their children.
If you should find yourself fighting for custody of your child, then you
need to have an experienced Nassau County divorce lawyer from
The Virdone Law Firm, P.C., at your side to fight for your rights. It is vital that you contact
us quickly so that we can handle any family issues that have arisen, especially
in the case of
domestic violence which can have serious consequences for all of those who are involved.