New York court ruled a custody case to be a mistrial after the child and the child’s counsel disagreed on what was in the best interest of the child, as reported by The New York Law Journal in a December 12th, 2011 article.
During the trial the courts allowed the fourteen year old child to take the stand to express his own views on the custody dispute. However, during the closing arguments the child’s lawyer argued against what the child stated on the stand. In light of this discrepancy the court ruled that although “reasonable minds could differ” it was not in the best interest of the child to not have a counsel that respects the child’s views on the issue. Case was ruled as a mistrial and new counsel was assigned to represent the child.
We at the law office of Jayson Lutzky, P.C. (www.mynewyorklawyer.com) are following closely to how the New York courts are deciding on custody issues. If you have any legal questions or concerns regarding a spousal maintenance, award legal fees, or child support dispute, then please contact our law office at 1-800-660-LAWYER or 1-800-660-5299 today for a free initial consultation.