Q: When a custodial parent commits perjury that is material to a family matter, whereas the custodial parent committed perjury by her own admission and not by any third party allegation, she so demonstrates that she is unfit and no longer capable to remain as custodial parent, as these are exceptional circumstances and the court is required, if not mandated, to change custody of the minor children to further protect the children, in their best interests, from the affects of the perjurious parent (MATTER OF HRUSOVSKY v. Benjamin, 274 AD 2d 674 - NY: Appellate Div., 3rd Dept. 2000)
A: David's Answer: No, merely committing perjury would not, in itself, warrant a switch of custody. It certainly is a factor to be taken into account, but should be only one factor amongst many considered. For a full assessment, you should schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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