Upholding Family Rights: The Imperative of Comprehensive Evaluation in Custody Cases
While the law mandates a serious and thorough approach to decisions affecting families, recent trends have raised concerns regarding the use of ‘adequate relevant information’ as a basis for custody and visitation determinations.
Protecting Constitutional Rights
Fundamental constitutional rights are at stake when courts make decisions regarding custody and visitation arrangements. The utilization of ‘adequate relevant information’ as a shortcut in these matters not only deprives parents of their constitutional rights to due process but also fails to serve the best interests of the children involved. Without a comprehensive evaluation of the facts derived from admissible evidence, children may be unjustly deprived of meaningful relationships with both parents or placed in the care of an unsuitable guardian.
The Shortcomings of Abbreviated Procedures
Abbreviated procedures, such as relying on ‘adequate relevant information,’ do not align with the foundational principles of family law. These shortcuts do not facilitate the thorough and comprehensive evaluation necessary to safeguard the well-being of children. Instead, they may lead to outcomes that are not in the best interests of the child, potentially placing them in the custody of a parent who excels in litigation rather than parenting.
No Place for ‘Adequate Relevant Information’ in Summary Judgment
In the context of summary judgment, adherence to established procedures is paramount. Neither CPLR §3212 nor the jurisprudence of the courts permits cases to be decided solely on the basis of ‘information,’ regardless of its purported adequacy or relevance. The summary adjudication witnessed in this case did not meet the procedural requirements of CPLR §3212, highlighting the need for a more rigorous and comprehensive approach to custody and visitation determinations.
In light of the foregoing, it is imperative that the courts uphold the integrity of family law proceedings by conducting thorough and comprehensive evaluations in custody and visitation cases.
I’m Randy Morano—a father, author, and staunch advocate for parental alienation awareness. My journey through the depths of parental alienation has transformed me into a passionate advocate, dedicated to shedding light on this overlooked form of emotional abuse.
As a survivor, I understand the profound impact of parental alienation firsthand. Through my writing and advocacy efforts, I aim to raise awareness, empower others, and provide support to families in need. Join me in the fight for change and hope.
