Blogs from October, 2020

mother and children

Never Settling for Less Than What Is Owed

My client was married to her now ex-husband in 2007. They have two children together. Before they got divorced in 2013, they executed a separation agreement which allowed each other to have joint legal custody of their kids. They also agreed to a detailed parental access schedule including weekly, school break, summer, and holiday parental access for the father.

However, just like many times in life, circumstances changed. In 2016, I filed a petition to modify my client’s divorce judgment due to a change in circumstances which included a pattern of abuse, the non-custodial parent’s refusal to adhere to parenting time, etc. Specifically, I requested that she get sole legal custody of her children and that the father’s parental access schedule be modified. The Family Court denied my client’s petition because she allegedly failed to establish a change in circumstances that warranted a transfer of legal custody and a modification of the father’s parental access schedule.

That decision did not sit well with my client and me, so we appealed and WON!

After reviewing the facts of the Family Court Case, the Appellate Court determined that the Family Court’s decision lacked a “sound and substantial basis” for these reasons:

  • the parties’ relationship deteriorated after they entered into the separation agreement
  • a Family Court order of protection and a Criminal Court order of protection was subsequently placed against the father
  • the father habitually insulted and belittled the mother
  • the father demonstrated a lack of interest in making decisions about the children, including getting their son evaluated for learning disabilities
  • the parties cannot communicate with each other about the wellbeing of the children
  • the father failed to adhere to the parental access schedule outlined in their separation agreement

As a result, the appellate court ruled that my client’s petition for a divorce judgment modification to award her sole legal custody of their children and modify the father’s parental access schedule should have been granted. And, the Appellate Division GRANTED my client’s petition for sole legal custody of her children! Read the case of Errante V. Murry here.

Proven Legal Counsel for Post-Judgement Modifications

One of the only constants in life is CHANGE. Achieving a post-judgment modification is necessary to ensure your and your family’s goals are met and recognized by the Family Court when life changes course. Your peace of mind is as important to me as my own, and I will fight day and night to help you gain it!

Victories like that in Errante V. Murry are not possible without diligent, hard-hitting legal counsel from Staten Island divorce lawyer Adelola Sheralynn Dow. At The Law Offices of Adelola Sheralynn Dow, I work relentlessly to uphold my clients’ best interests because there is too much at stake to take matters lightly.

If you need a skilled Staten Island divorce attorney on your side, contact us at (800) 560-0922 today!

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