TRIAL OUTCOME GAINS FATHER ADDITIONAL LEGAL AND PHYSICAL CUSTODY

Prior results do not guarantee a similar outcome.

William J. Larkin, was successful in modifying a prior order of custody in Orange County Family Court.

The parties had a prior order, in which they had joint legal custody, with mother having final say as to major decisions. In addition, under the prior order, the mother had physical custody and father had visitation.

After a lengthy hearing, that was held over eight days of trial, the Family Court Judge found that the there was a sufficient change in circumstances to award joint legal custody to the parties and joint physical custody (which means the child would be shared equally by both parties). In addition, the Judge felt it was necessary to award the Father final decision making authority as to all educational and medical decisions pertaining to the child, after he engages the mother in a full and meaningful discussion.

The Court reasoned that there were grave concerns as to whether the Mother acted in the best interests of the child: mother interfered with the father’s visitation and mother made unilateral decisions without consulting with the father.

The Judge found that the Mother’s actions demonstrated a blatant disregard for the Father’s relationship with the child and the custody order.

Based on the above, the Court found that a change in custody was needed in order to preserve the relationship between the Father and child.

If you or a loved one require assistance with a custody matter, please contact the attorneys at Larkin, Ingrassia & Tepermayster, LLP who are experienced at defending all types of custody issues.