New York Family Law Blog
A mother filed an appeal to dissolve her marriage from her husband. She asked the Court to approve her moving with their daughter, to Louisiana, according to a New York Family Lawyer. She asked the court for the father and her for shared parental responsibility. In her petition, she asked for the court to give reasonable visitation to the father. She did not ask for the father to be ordered to attend parenting classes, but the Trial Court erroneously filed an emergency order to grant the mother temporary primary residential custody. The court also allowed her to move the child to a different State.
The mother and child moved to Louisiana with the granting of the court order, because of this, the father filed an emergency motion for temporary injunction to prevent the removal of a child and or return of the child to jurisdiction. He filed another motion to rush the appeal against the temporary primary residential custody and order granting the moving of the child to another State. A Westchester County Visitation Lawyer said, the mother’s motion was granted without the court giving the father to present his side and be heard. Aside from this, there was a two-month delay in the evidentiary hearing. After the evidentiary hearing was when the Trial Court granted the petition of the mother and ordered the father to take a thirty-six-week parenting course. Only after he finishes will the parental responsibility issue be reviewed. The father appealed against the decision.
The court reviewed three issues in the case. The first was if the mother presented enough evidence for the Trial Court to give her sole parental responsibility. The Court of Appeals said she was able to. Determine that she was able to do so. The second was about the complete control given to the mother for the visitation. Generally, the court said that this was an error, but given the facts of the case, they said it was not improper.