Mother’s Petition for Modification of Custody Dismissed

Prior results do not guarantee a similar future outcome.

Larkin Ingrassia, LLP was successful in dismissing a petition filed by a mother wishing to modify the father’s custodial access to the minor child. The parties had been previously married and have one child in common. The mother filed a petition stating that the child no longer wished to visit with the father and that father’s access to the child should be terminated or limited, at best. The Court held a two day hearing, during which attorneys for Larkin Ingrassia, LLP, called an expert in family therapy in addition to the testimony of both parties and an in camera interview of the child. After the lengthy hearing, the Court found that the mother’s testimony did not sound sincere, that the child recounted some of the alleged offenses by the father at an age when he shouldn’t have even remembered them and there was no independent, credible testimony or evidence at trial that proved the allegations set forth in mother’s application to modify the custodial arrangement between the parties. The Decision and Order of the court dismissed the mother’s application. As such, pursuant to this decision, the father will continue to enjoy the custodial schedule and access with his child as it is set forth in the parties’ judgment of divorce.