Barrett D. Mack, Esq. Obtains a Successful Decision from the State of New York, Supreme Court, Appellate Division, Third Judicial Department
October 21, 2021READ FULL ARTICLE
ALBANY- The State of New York, Supreme Court, Appellate Division, Third Judicial Department reversed a Montgomery County Family Court Order which dismissed a Petition seeking a change in custody. The Court held that the Trial Court should have held a Lincoln Hearing and considered the Child’s wishes prior to dismissing the Mother’s Petition and that the Mother’s allegations regarding the Child’s preference and recent breakdown in the Father-Child relationship were sufficient to warrant a hearing on the issue of whether there had been a change in circumstances necessitating an inquiry into the best interests of the Child.