A New York judge has awarded custody to a father after finding that the mother attempted to “brainwash” the children against the father. In addition, the mother put signs around town that the father was a “deadbeat” and allegedly had her friends picket outside the courthouse when the custody case was being heard. Not surprisingly, the judge found her in need of psychiatric help and restricted her parenting time with the children.
If this case were decided in Connecticut, the result would likely have been the same. Our “best interest” statute, Connecticut General Statutes § 46b-56, sets forth sixteen factors for a judge to consider when making or modifying custody or visitation orders. At least three of these factors were present in the New York case:
1. The willingness and ability of each parent to facilitate and encourage a continuing relationship between the child and the other parent;
2. Any manipulation by the or coercive behavior by the parents in an effort to involve the child in the parent’s dispute; and
3. The mental health of the parents.
Clearly, not all sixteen factors will be present in every case and there is no requirement that any of the factors be weighed equally. Many custody and visitation cases are extremely fact dependent. However, the three factors listed above, if proven, are often “game changers” and will typically result in the non-offending parent being awarded custody.