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NY Family Court May Override Criminal Court Order

NY Family Court May Override Criminal Court Order

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 amended the 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.