The New York family court ruled that they did not have the authority to override a criminal court order, as reported in a June 22nd, 2012 New York Law Journal article.

A mother seeking custody rights of her children had to be turned down by the New York family court after learning that she had a five year order of protection against her. The protection order was entered after the mother was charged with neglect and use of corporal punishment on her children. The criminal court ruled to place the children with their father and have the mother enter into an anger management program. The criminal court issued the protection order to remain in effect for at least five years.

Although the order was several years old the family court ruled that they could not go against the order, even though the mother had completed her obligations and the father was in favor of the mother having custody rights. Instead the family court ruled to only allow the mother to have supervised visitations.

We at the law office of Jayson Lutzky, P.C. ( are following closely the laws affecting the issues surrounding child custody cases and family law. If you have any legal questions or concerns regarding a spousal support dispute, then please contact our law office at1-800-660-LAWYER or 1-800-660-5299 today for a free initial consultation.