New York Family Law Blog
Jason Leigh Owens asked the court for unsupervised visitation with his four-year-old daughter. This was only after multiple once a month supervised visits at family visitation centers. The reason for the supervised visits was that Mr. Owens was convicted and jailed for a third-degree felony for domestic violence. After an evaluation, the court said that Mr. Owens has greatly improved with his control of his emotions, especially his anger. The supervised visitation has already been maximized, mentioned by a New York Family Lawyer. From the records, the court also said, it was in the best interest of the child to move forward and give Mr. Owens shared parental responsibility and frequent unsupervised visits.
A New York Custody Lawyer said in the decision, the order was for the first eight months will have unsupervised visits in the city where the child lives. This was to be between ten in the morning to four in the afternoon every second and fourth Sunday of the month. Every third Saturday, he would have a full day and night unsupervised visits. This is from ten in the morning Saturday to four in the afternoon the following Sunday. Mr. Owens did not ask for the overnight visitation.
Kylie C. Doyle, the mother contested this decision. The first was that because the overnight visit was not even asked by Mr. Owens. She also said that the welfare of her child is not going to be protected if the visit is unsupervised. Each party is not contesting that Mr. Owen entitlement as he is not because of the conviction. What the mother is arguing about is the effect to her child and the evidence that supports it would be good for her child to be in it.
The Court of Appeals reviewed the decision and said the lower court has overstepped in its judgment, and they also based their determination in the testimonies provided by expert witnesses who reviewed the situation. Mr. Owens said in his statement that he underwent anger management, parenting and CPR courses, had worked full-time, and had complied with court orders. He had witnesses from the family visitation center who said that his visits had gone smoothly. A New York Visitation Lawyer read the decision of the Court of Appeals where it said Dr. Larson, the court-appointed psychiatric evaluator recommended supervised visits. Angelyn Richards, the child’s mental health counselor had the same opinion. The first because in his evaluation will do better watched. Ms. Richards’ reason was because the child’s reactions after the visits were symptomatic and traumatic. They reversed the decision.
The welfare and well-being of a child are always the primary concerns in any determination for visitation, child support and custody. A New York Criminal Lawyer knows that even the initial determination and agreement are crucial for this. Any provision in the agreement and as well as the evaluation of the parents play a big part in how it will be assessed later on. Domestic abuse is something that does not easily go away but can be reversed.
Stephen Bilkis and Associates have experienced team of legal professionals who can give you the options for the protection of your rights and the rights of your children. If you are a parent trying to protect your child from the violence of the other parent, or a parent who has changed his ways and wants a chance to be with the child, contact us. We are at Queens, the Bronx, Brooklyn, Staten Island, and Manhattan, in New York. In Long Island, our offices are at Suffolk County and Nassau County, as well as in Westchester County. For legal guidance and a free consultation, call us today at 1-800-NY-NY-LAW.