The New York Law Journal reported May 20th, 2011, that the court ruled in favor of the father in the child custody case, McMahan v. McMahan, 000399/05.
The father had petitioned for a modification of the child custody order on the grounds that he believed the mother had been acting neglectful towards their two children. The court found that the father met the required burden of proof, which is to show a change in circumstances that warrant a modification.
Although the courts ruled in favor to modify the custody arrangement, they did not rule on the grounds of a neglectful parent. Instead the court found that the parties’ current arrangement was unworkable for the two children. The current arrangement had the children living with one parent for one week and the other the next week. The court modified the custody order by increasing the time length from one-week to two weeks. The court is hoping the new arrangement will be less disruptive for the children, as well as, give the parties less of a chance to negatively interact with each other.
If you are in need of legal assists regarding a child’s custody dispute, please call the law office of Jayson Lutzky, P.C., for a free initial consultation.