New York mother loses appeal to child custody ruling

Posted By Michael R. Varble & Associates, P.C. || 11-Mar-2013

An appellate court in New York upheld a family court decision to give a father sole custody of his children. The court also affirmed a ruling from the child custody case banning the children's mother from posting anything about them on Facebook. The mother's attorney says the ruling is unfortunate since the children's mother won't be able to post anything positive about her children.

The children's father was granted sole custody of his children after it was revealed that his ex-wife has made disparaging remarks about her then 10-year-old son on Facebook. In addition to being granted sole custody, the family court banned the mother from posting anything about her children on Facebook. Facebook posts of the mother calling her son a severely derogatory name were given as evidence during the child custody proceedings to show that the mother exhibited an "inappropriate pattern of behavior" when it came to her children.

The mother admitted to the posts saying that it was true and her friends needed to know it. It was also revealed that she was often demeaning and would even resort to physical means to deal with her son. Documents also revealed that the boy was in counseling for mental issues, but his mother refused to participate in his counseling.

At the center of any child custody battle in New York is the belief in doing what is best for the children. There are many people that believe that children would be better served by giving their mother sole custody. However, when it becomes clear that a mother is not well suited to having sole custody of the children, the best interests of the child must take priority over the mother-child relationship. The gender of the primary caregiver may become irrelevant when the needs of the children are considered above anything else.

Source: Huffington Post, "Mom Ordered To Stop Posting On Kids' Facebook Pages, New York Supreme Court Upholds Decision," Hilary Hanson, Feb. 20, 2013

Categories: Child Custody

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