A New York Court ruled to modify a child custody order after finding that the father was making reasonable steps to be a better parent, as discussed in a January 22, 2013 New York Law Journal article.

Originally the court held that the father was unfit to have custody of his child after finding that the father was alcohol dependent. After the custody order the father petitioned the court seeking a modification based on his willingness and ability to become sober. The court granted custody upon the stipulation that the father wear an anklet known as a SCRAM device. The device is able to analyze the gases that leave the father’s skin. Though the device’s analysis it is able to alert officials if the father comes into any contact with alcohol or illegal substances.

The court ordered that the father be fitted for SCRAM no later than December 3rd, 2012. However the Department of Social Services located in the county where the father resided only had 20 of these devices, all of which were currently being used. Due to their lack of being able to provide one for the father, the court ruled that that the Department of Social Services was obligated to provide other motoring services until a device was obtained. Furthermore, the child was to be returned to the father’s custody. The Department of Social Services motioned sought ot reverse the court’s findings but was denied on the grounds that only having 20 anklets was unreasonable and was an arbitrary limit.

Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/ for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.