DESPITE'S MOM WRONGFUL ACCUSATIONS, CUSTODY REMAINS WITH HER - PART 2

Now the court deals with healing the strained relationship between the father, who was false accused of abuse, and the children. To get a better idea of the severity of the false accusations by the mother and some of her behavior which occurred during the trial, read the factual portion of this case.

L.S. v. E.C., NYLJ October 04, 2019,  Date filed: 2019-09-03,  Court: Family Court, Bronx Judge: Judge Ariel Chesler, Case Number: 199451:

"It is well settled that non-custodial parents have a right to visitation with their children, that such visitation is a joint right of the noncustodial parent and children, and that the noncustodial parent plays a valuable role in guiding and loving their children. (See Weiss v. Weiss, 52 NY2d 170, 175 [1981]). F.S.’s attorney advocates for continued visits with his father graduating to unsupervised and liberal visits. F.S.’s attorney also suggests that both children visit with their father together. A.S.’s attorney takes no specific position regarding visitation.
The evidence establishes that the children and father share a bond, and that despite everything that has occurred, the children exhibit resilience and a love for their father. Once supervised visits became more consistent it was evident both children enjoyed their time with their father and benefit from having him in their lives.

The welfare of the children, which is paramount, requires more visitation and contact with their father who will play a significant and meaningful role in their lives going forward. Indeed, as is demonstrated by the recent CFS reports, the more regular contact that occurs between the father and his children the more their relationship has improved. The CFS reports show that the children look forward to the visits, exhibit no trouble separating from their mother, enjoy their time with their father, show him affection and receive love from him, are upset when the visits end and, more so, at the prospect of lost visits. Time with their father is both meaningful and beneficial to the children.

As previously noted, Dr. Pino recommended therapeutic supervised visitation between A.S. and the father so they can develop a safe, comfortable, and healthy relationship and repair the rupture in their relationship. Dr. Pino stressed that the father should develop realistic ideas about reunification with A.S. She noted that the repair of the relationship may be a gradual and prolonged process. On the other hand, no similar therapeutic visits are recommended for F.S.

While the Court accepts Dr. Pino’s conclusion that the repair of the relationship between the father and A.S. will take time, and that therapeutic visits between A.S. and the father would be appropriate, the Court declines to order only supervised visitation between the father and his children at this time. Supervised visitation has already been taking place between the father and children since March 2019 and has gone very well. Nor is there any asserted need for therapeutic visits for F.S.

Moreover, it is noted that supervised visitation was initially ordered in 2016 and the father’s relationship with his children would be in a very different posture in 2019 had such visits been regularly held between 2017 and 2019. This Court will not reward the mother’s noncompliance with Court ordered visitation by further delaying reunification between the father and his children.

The proper course of action to restore the children’s relationship with their father is therapeutic visits between the father and A.S., and, in light of all the circumstances in this case, unsupervised time for the father with both children. Ultimately, the children should have a visitation schedule with the father which will graduate to liberal and unsupervised parenting time.

Accordingly, the Court orders A.S. to enroll in weekly therapeutic visitation with the father through Comprehensive Family Services. In addition, commencing September 8, 2019 the father shall have unsupervised visitation with both children on alternate Sundays from 10 AM until 4 PM until further order of the Court. The father shall also have phone access with the children every Tuesday and Thursday evening. The parties may modify this schedule on mutual consent in writing.

It is the order of the Court that visitation between the father and the children must continue and expand toward liberal, unsupervised and overnight visits, as well as vacation, holiday, and summer access. All counsel are to submit to the Court proposed visitation schedules, accounting for a graduated schedule toward liberal overnight parenting time of both children with their father."