DENIED CUSTODY BECAUSE HE WOULDN’T SEEK TREATMENT
When a father sought sole legal custody of his two kids, the Kings County Family Court, at conferences dated July 13, 2021, and October 14, 2021, directed the guy to seek alcohol counseling. After the father failed to comply, on November 4, 2021, the judge dismissed his petition, “without prejudice” – meaning he could later re-file.
On appeal, the Appellate Division, Second Department, had no issue with the dismissal, particularly given its “without prejudice” marking. As the AD2 noted, “Under the circumstances of this case, the father's noncompliance with the court's directives prevented the matter from proceeding to a best interests hearing.”
Bet there was no toasting to that.
# # #
DECISION