Recently, the Meyers Law Group was hired to represent a father who was hoping to obtain sole child custody of his six-year-old daughter. Earlier in the case, the mother of the child had filed a Petition for Custody with the court and had also obtained a "stay away" Order of Protection on behalf of her and her child against the father.
Upon reviewing the case, the court ordered that both parents be investigated by Child Protective Services and said that the mother must submit to hair follicle testing. Following the investigation, the court decided to award a Temporary Order of Protection to the father and the child against the mother. Additionally, while our Long Island family lawyers were responsible for representing the father, another lawyer was appointed to represent the child at the court's request.
In May 2010, we filed a Petition of Custody on behalf of our client. The court then awarded our client Temporary Residential Custody and the mother was later granted supervised visitation with her daughter. However, the mother failed to submit to hair follicle testing and was convicted of criminal contempt, a misdemeanor offense.
After her conviction, the court ruled that the mother have no contact with her daughter or the father and a Permanent Order of Protection was issued. The child custody battle continued with both parties issuing allegations. Yet, the medical professional who conducted a Forensic Parenting Evaluation and the child's attorney told the court that, due to the mother's mental health, they felt custody should be awarded to the father as it would be in the best interests of the child.
Upon hearing all evidence and testimony, the court found that our client was a "more fit and stable parent." It then ruled that our client should have sole legal and residential custody of his daughter and the mother should have supervised visitation.
In New York, the courts remain committed to protecting the best interests of children involved in custody disputes. If you find that you are involved in such a legal battle, we encourage you to contact the Meyers Law Group to enlist our help and guidance.