Yonkers Family Court Custody and Visitation Lawyers
If you are in a
custody and visitation dispute in the Yonkers Family Court or any Family Court in Westchester
or surrounding counties, contact the law firm of
Riebling, Proto & Sachs, LLP for a FREE initial custody
Yonkers Family Court -- Father denied visitation with son due to his incarceration
in State prison
family law attorneys if Riebling, Proto & Sachs, LLP successfully represented a mother
in the Yonkers Family Court to have an incarcerated father's petition
for visitation with his son dismissed. The father argued that despite
not having a relationship with his six year old son since birth he was
entitled to visitation. If the father's petition was granted the mother
would be court ordered to drive over three hours to a State correctional
facility to introduce the child to his father.
When appearing in Yonkers Family Court the law was against the mother as
New York State Court of Appeals (the highest court in New York State)
affirmed a lower court's ruling that visitation with an incarcerated
father was in a child's best interest in that there is a rebuttable
presumption that a non-custodial parent will be granted visitation and
serves as an appropriate starting point in any initial determination regarding
custody and/or visitation.
The Court found that the visitation presumption included cases where a
parent seeking visitation is incarcerated, although the possibility that
a visit to an incarcerated parent would be harmful to the child must be
considered, together with other relevant factors.
How do you win a custody case when the law is against you?
As experienced trial attorneys the lawyers at Riebling, Proto & Sachs,
LLP know that when the law is against you it is always best to argue various
factors in your favor.
In this case the father's attorney argued that delaying any reunification
between the child and the father was not in the child's best interest
and some contact or communication was essential to establishing a relationship
between the father and son even though the father was in State prison.
The father's attorney even suggested telephone calls or birthday cards
as a method of communication.
The Yonkers family court judge carefully considered all the factors and
was reluctant to dismiss the petition but after further arguments by Riebling,
Proto & Sachs, LLP the Yonkers family court judge agreed that introducing
the child to the father considering all the factors was not appropriate
and dismissed the father's petition.
Needless to say our client was very happy with the result.
Aggressive Family Court Representation
Our attorneys formulate a comprehensive legal strategy even before walking
in the courtroom. We anticipate the arguments of the other attorneys to
advance out client's position and obtain our client's goals.
We always meet with our client's before court to conduct a client interview
and discuss legal strategies. We always walk into court with a sound legal plan.
Family Court Lawyers at Riebling, Proto & Sachs, LLP
If you are involved in a family court dispute,
child support call our law office for a free initial consultation. We will discuss your
case with you, present your options and discuss how we can help your case.
Call today (914) 946-4808 or