Mother Wins Custody after Trial

Family Court Custody Case

Recently, Andrew Proto, Esq. of the Westchester County law firm Proto, Sachs & Brown, LLP successfully obtained custody for a client in the Bronx Family Court. Mr. Proto represented the mother against the father's petition seeking sole legal and physical custody.

The father had made false allegations against the mother and was demanding sole legal and physical custody. Attempts to settle this matter without a trial were unsuccessful as it was determined that the real underlying reason why the father wanted custody was to eliminate his child support obligation.

During the course of the trial, Mr. Proto was able to prove the mother had been the primary physical and legal custodial parent of the child since birth and the father had limited visitation and limited input regarding the child's well being. It was also found that the father did not have a bedroom for the child nor other appropriate living arrangements for the child. The father called three witnesses on his behalf all of which were cross examined by Mr. Proto that resulted in limiting the useful information the witnesses could provide to the court on the father's behalf.

Mr. Proto had his client, the mother, testify regarding her parenting role and the motivations behind the father seeking custody. In the court's decision, based upon the totality of circumstances, it was found to be in the child's best interest to remain with the mother.

Successful Custody Litigation

In order to aggressively prosecute or defend against a custody petition (or any other litigation) preparation is the key to success. Mr. Proto regularly speaks to his clients and offers help and legal advice from the beginning of the case to the very end. While preparing for trial Mr. Proto collaborates with his clients to formulate the best legal strategy. This collaboration leaves clients with the knowledge that they are very involved in their case and that their voice will be heard. Every aspect of the case is discussed in advance and trial strategies are reviewed before anyone steps inside a courtroom.

If you or a loved one has a custody matter, family court matter or divorce case, call the law firm of Proto, Sachs & Brown, LLP for a free legal consultation. You will speak with an attorney and obtain an assessment of your case with options regarding how to proceed. The law firm makes every attempt to efficiently resolve all client's matters without resorting to unnecessary litigation.

Call today for a Free initial consultation (914) 946-4808.