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Nassau County Family Law Blog

Thursday, July 23, 2015

Judge Sends Children to Juvenile Detention Amid Parents’ Custody Battle

Can children be taken from parents during a custody battle?


If expectations are not managed or parents fail to follow the terms of the agreement, child custody cases can quickly turn contentious between parents. However, a recent case out of Michigan illustrates one of the more extreme examples of custody litigation gone awry – and showcases the extent of animosity between parties as they fight it out over physical and legal custody of the children. As this case also points out, the true victims in an unmanaged child custody battle are usually the children caught in between – and our office works diligently to ensure that no custody case takes the unbelievable turns that occurred in the instance described below. 

Amid court battle, judge orders permanent juvenile detention

The facts of the custody case begin in 2008 when mother and father of three children went through a divorce, resulting in physical placement of the children with the mother and joint legal custody shared between both parents. The father was entitled to visitation on an intermittent basis, and was sometimes required to submit to supervised visits. 

Allegedly, the mother failed to arrive at a scheduled visit with the father – and this was becoming a common occurrence within the family. However, upon the father’s filing of a contempt of court action against the mother, the court inexplicably ordered the children remanded to a juvenile detention facility, separate from one another, and cut off from virtually all contact with the outside world.

In a frenzied hurry, the mother’s attorney filed a writ of habeas corpus against the judge, demanding the children be released to the custody of their parents. 

As of July 10, 2015, the same judge has ordered the children released, apparently to the custody of a summer camp. It is unclear whether either parent will continue physical placement with the children. 

Regardless of the outcome of this particular case, a child custody matter must always focus on the best interests of the children involved – and parents are encouraged to thoughtfully and carefully negotiate the terms of custody and visitation in a manner congruent with this goal. 

At our law office, we strive to maintain a smooth and seamless transition through the child custody process. If you are considering filing for custody, or would like to discuss your options for a modification, contact divorce and matrimonial attorney, Howard B. Leff at his Nassau County, New York office today: 516(739)-7500. 



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