APPELLATE COURT REITERATES THAT “FIT” WORKING PARENT WILL NOT BE PENALIZED IN A CUSTODY CASE IF A RELATIVE IS USED TO PROVIDE CHILD CARE WHEN THAT PARENT IS WORKING
DIVORCE & CHILD CUSTODY LAWYER Nassau County NY
H. Michael Stern, Esq., a New York matrimonial and family law attorney, and mediator
with over 34 years’ experience points out that if a Court finds a parent to be fit, delegating childcare responsibilities to a relative while the parent works will not result in a deprivation of custody. In other words, the need for a relative to provide childcare for a fit working parent will not disqualify that parent in a custodial determination by the Court.
In a recent case decided by the Appellate Division, Fourth Judicial Department, the Court was presented with a situation where the mother, among other things, had asserted that she was the better choice for custodial parent due to the father’s work schedule. The Court reiterated that designating a relative to provide child care while a fit parent is working will not deprive that parent of custody. Thus, if a parent, who is for all intents and purposes fit, will not be penalized if a relative is used to furnish child care.
The Court found the mother had interfered with the father’s relationship with the children and awarded the father custody in that case. The Court recognized that the use of a relative to act as a child care provider for a fit working parent will not tip the scales in favor of the other parent.
I have been litigating divorce cases for more than three decades. Recent results can be found within the TESTIMONIALS page on this website. Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 34 years.
Feel free to contact me, H. Michael Stern, Esq. a Long Island divorce and family law attorney, if you are interested in discussing your matrimonial, divorce, child custody, visitation, or family law matter by phone at 516-747-2290.
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Written by: H. Michael Stern, Divorce Lawyer