New York parents argued in court over whether their custody order should be modified, as reported by the New York Law Journal in a December 14, 2012 article.

The original order granted both parents joint legal custody but gave sole physical custody to the mother with visitation to the father. The mother sought to modify the custody order after the child told her mother that the father was sexually abusing her.  Based on the mother’s allegations a hearing was conducted to gather evidence. Upon the hearings conclusion the court awarded sole custody to the mother. Furthermore, the mother was granted permission to relocate the child out of the country if she so desired.

The court based their rulings upon the findings of an expert who found that the child showed symptoms of a child who had been sexually abused. This evidence was strengthened by the child’s own statements regarding her father’s conduct. The court concluded that having a relationship with the father would be harmful for the child therefore not in her best interest. They encouraged the mother’s idea of relocating to Panama to remove the child from the current social environment. The father appealed but the findings were affirmed.

Jayson Lutzky has been a practicing New York attorney for 30 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 for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.