There were a couple of unrelated appeals in the Court of Appeals last week as stated in the New York Law Journal on May 25, 2012, related to parent’s rights in cases where the children have seen domestic violence. Though the Third Department decided differently in each, the record is adequate enough for the court to perform its own review, according to Justice Elizabeth Garry.

The court did not unbalance the family structure in Matter of Victor WW, 513864, as the mother realized although only recently, the risk that witnessing domestic violence had on her children. However, the court removed the child from the toxic environment in Matter of Xiomara D, 510911, after the child’s parents were unable to see how their personal war affected the child.

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 for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299