Yonkers Family Court Custody and Visitation Lawyers
If you are in a custody and visitation dispute in the Yonkers Family Court or any Family Court in Westchester or surrounding counties, contact the law firm of Proto, Sachs & Brown, LLP for a FREE initial custody consultation.
Yonkers Family Court -- Father denied visitation with son due to his incarceration in State prison
The family law attorneys if Proto, Sachs & Brown, LLP successfully represented a mother in the Yonkers Family Court to have an incarcerated father's petition for visitation with his son dismissed. The father argued that despite not having a relationship with his six year old son since birth he was entitled to visitation. If the father's petition was granted the mother would be court ordered to drive over three hours to a State correctional facility to introduce the child to his father.
When appearing in Yonkers Family Court the law was against the mother as New York State Court of Appeals (the highest court in New York State) affirmed a lower court's ruling that visitation with an incarcerated father was in a child's best interest in that there is a rebuttable presumption that a non-custodial parent will be granted visitation and serves as an appropriate starting point in any initial determination regarding custody and/or visitation.
The Court found that the visitation presumption included cases where a parent seeking visitation is incarcerated, although the possibility that a visit to an incarcerated parent would be harmful to the child must be considered, together with other relevant factors.
How do you win a custody case when the law is against you?
As experienced trial attorneys the lawyers at Proto, Sachs & Brown, LLP know that when the law is against you it is always best to argue various factors in your favor.
In this case the father's attorney argued that delaying any reunification between the child and the father was not in the child's best interest and some contact or communication was essential to establishing a relationship between the father and son even though the father was in State prison. The father's attorney even suggested telephone calls or birthday cards as a method of communication.
The Yonkers family court judge carefully considered all the factors and was reluctant to dismiss the petition but after further arguments by Proto, Sachs & Brown, LLP the Yonkers family court judge agreed that introducing the child to the father considering all the factors was not appropriate and dismissed the father's petition.
Needless to say our client was very happy with the result.
Aggressive Family Court Representation
Our attorneys formulate a comprehensive legal strategy even before walking in the courtroom. We anticipate the arguments of the other attorneys to advance out client's position and obtain our client's goals.
We always meet with our client's before court to conduct a client interview and discuss legal strategies. We always walk into court with a sound legal plan.
Family Court Lawyers at Proto, Sachs & Brown, LLP
If you are involved in a family court dispute, custody, visitation, family offense, neglect, or child support call our law office for a free initial consultation. We will discuss your case with you, present your options and discuss how we can help your case.
Call today (914) 946-4808 or e-mail today!