Very often fathers who come in to consult with me about their parenting rights assume that the best they can possibly hope for is reasonable visitation with their children. If the mother refuses to let them see their son or daughter many fathers are ready to give up trying to see their kids. “What’s the point?” they say, “She will not let me have a normal relationship with my son anyway. I will just annoy him by persisting with visitation!”
Well, don’t give up too soon. New York law does not differentiate between fathers and mothers and the only standard for custody is determining what is in the best interest of a child. The presumption is that it is in the best interest of a child to have a good relationship with both parents. If a custodial parent interferes with visitation, he/she acts contrary to what is in the child’s best interest. For instance, on February 20, 2009 Queens County Family Court found a father to be better able to provide for the child and granted him custody in Matter of L.M. v. Administration for Children’s Services. In that case the court specifically noted that the mother’s interference with a parent-child relationship was so inconsistent with best interest of the child that a transfer of custody was warranted.
Listen to your children!
"Split" documents what children say about their parents' divorce.
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The Law Firm and Mediation Practice of Alla Roytberg, P.C.
Manhattan Office
The Chrysler Building
405 Lexington Avenue, 26th Floor
New York, NY 10174
Telephone: 212-582-5757
Fax: 888-293-7930
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Forest Hills Office
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Telephone: 718-575-9479
Fax: 888-293-7930
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