Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

New York court rules against mother in custody dispute

At times, when a marriage between a couple comes to an end, it is the mother who is frequently deemed by the court to be the primary custodian of the children. Yet a child custody dispute may involve developments which will lead to the mother losing her right to physical custody of her children.

However, it is the responsibility practices of the parent that are often the deciding factor in most legal custody battles. If the parent, for instance, has a history of drug abuse, the court will almost certainly not allow him or her to have primary custody. That is what a New York court ruled in a recent custody dispute, wherein the father had argued that the mother should not have custody owing to the fact that she had undergone post-divorce abortions, including relationships with other men, as well as a history of prescription drug abuse.

While the court did not appear to consider the former allegation based on the latter one, coupled with the mother's misrepresentation, the court did not allow the mother to remain the primary caregiver.

Most of the time, the court will try to take into consideration the best interests of the child in mind. It is, after all, not the child's fault that divorce has taken place between his or her parents and hence the court may hesitate to come up with a ruling that may lead to the child losing out on the care given by a mother or a father. At times, the respective incomes of the parents may be considered, but even if the primary custodian parent is not as affluent as the other parent, the court may order the latter to pay adequate child support to the former.

Given these various complexities involved in a custody dispute, the parties involved may choose to be guided by legal experts to safeguard their respective interests. In addition, they need to serve the best interests of the child while also protecting their parental rights. This could help them develop a fair and proper custody arrangement.

Source: New York Daily News, "EXCLUSIVE: Mom whose post-divorce abortion was used against her in custody battle loses kids over pill popping," Dareh Gregorian, March 21, 2014.

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