Recently, the Meyers Law Group won an appeal for a client who sought the reversal of an order by the Family Court of Suffolk County. The court had instructed the Suffolk County Department of Social Services to conduct a child protective investigation which would have impacted the law firm's client.
Originally, the appellant had petitioned the court for child custody of the two children that were involved in the case. The appellant insisted that because she was the children's biological mother, she had custody of the children since their birth. The appellant argued that the respondent, who is the children's adoptive mother and married to the appellant, had disappeared 9 months prior to the filing of her petition.
After reviewing the petition, the court ordered the Suffolk County Department of Social Services to conduct a child protection investigation to determine if abuse or neglect were in fact an issue. While the court may order such an investigation, it was found in this case that there was, "absolutely no indication of abuse, neglect or maltreatment of the subject children raised in the custody petition or in any proceedings..." and that the court had no information to conclude abuse or maltreatment was an issue. Additionally, it was found that, "improvidently exercised its discretion in directing the DDS to perform a court-ordered investigation in connection with this custody proceeding."
At the end of the case, it was decided that the investigation order would be reversed.
The Meyers Law Group considers this case a huge victory as it is committed to protecting the rights and best interests of same-sex couples from unlawful discrimination. If you are currently in a same-sex partnership and have child custody or other types of family law concerns, we encourage you to
contact our law office to discuss your case with a Long Island family law attorney.