Ferry, a sex offender, was sent to prison and was released in 2009. Then he was sent to a mental institution. While he was in prison he was neither able to appear for his family court proceeding nor was he represented in court. Nevertheless, the family court granted his aunt sole custody of his two children, the children’s mother was granted supervised visitation and he was prohibited from having any contact with his children, as reported by the New York Law Journal in a March 21, 2013 news article.

While he was in the mental institution the children’s mother sought to obtain physical and legal custody of their children and it was granted while affirming that Ferry shall have no contact with his children. Again in this action Ferry was not present nor was he represented. The decision was challenged and New York’s appellate court held that Ferry was denied his due process rights under the Constitution of the United States because he was not given  notice nor a chance to be present and heard in court. Thus the court reversed the decision that was rendered by the family court. According to the Fourteenth Amendment of the United States Constitution, no state shall, “deprive any person of life, liberty, or property, without due process of law.”

Ferry wants the order changed so that he would be able to have phone contact with his children. This might not be in the best interest of the children, since Ferry is a high risk sex offender as the attorney for the children argued. The decision might be appealed.

Jayson Lutzky is a Bronx, NY lawyer who handles accidents, personal bankruptcy, divorces, family court and personal injury case. He has 30 years of experience and has helped thousands of highly satisfied clients. If you are in need of legal advice, then call Mr. Lutzky’s office at 718-514-6619 to set up a free in person consultation. His office is one block west of the 183rd 4 train stop on Jerome Avenue. Visit www.MyNewYorkCityLawyer.com to learn more about the office.