A New York family court ruled that physical custody should be returned to a mother after the mother demonstrated she found a suitable home, as reported by the New York Law Journal in a December 3, 2012 article.

In the original court order, the parents were granted joint legal custody of their child with the mother having physical custody. The order was amended to grant the father temporary residential custody while the mother obtained suitable housing. Upon finding appropriate housing, the mother sought to retrieve physical custody of the child, but the father refused. The mother filed a petition for the father’s violation of the original order.

Upon an inspection of the facts and findings of the case, the court found that there was no evidence to support the nature of the father’s home environment to warrant custody. Whereas, on the other hand, the mother had submitted clear and convincing evidence that she had followed the court’s order, and found suitable housing for her and the child. Thus, the family court ruled that physical custody of the child should be returned to the mother and the father would be provided with an established visitation schedule.

If you need help in a custody or visitation case or if you are considering divorce, contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has 30 years of experience practicing law. To set up a free in person consultation call (800) 660-5299. Additionally, you can visit www.MyNewYorkCityLawyer.com for further information.