MR. CORLETTA KNOCKS OUT FRIVOLOUS MODIFICATION PETITION FOR CLIENT

                In a case where the client’s visitation was “conjoined” with their parents, who are actively involved in the child's life, Mr. Corletta knocked out a baseless Modification Petition filed by a jealous custodial parent who had stipulated to this visitation in a detailed Order four years prior, and who could enunciate neither a violation, nor a real need for modification, in S.V. v. F.A. (Mon. Co. Family Ct., 6/22/20).

                In that case, the jealous joint custodial parent had a conflict with the parents of the noncustodial parent, who amongst other things, were paying for the child's private school education and were actively involved in the child's life. They had in effect, shared visitation with the grandchild, or exercised it in the alternative to their child, the noncustodial parent’s visitation. The custodial parent agreed with this arrangement, and it was previously approved by the Attorney For the Child and the Court as provider needed stability.

                The custodial parent, growing increasingly frustrated with the bond the child was developing with the grandparents, and simply feeling the need to litigate, began filing a series of frivolous petitions in Family Court; some 7 Petitions in 6 months, demanding Modification on differing grounds which often conflicted. The custodial parent had no financial constraints, and had appointed (free) counsel, and was argumentative and demanding. The assigned attorney allowed the custodial parent to bluster, and did not stand up and inform their client that the Petitions lacked legal basis or merit.

                Mr. Corletta had no lack of compunction to do so. He filed a detailed Motion to Dismiss, despite the COVID-19 public health emergency, attacking the custodial parent’s Petition as being frivolous and without basis for modification under the Appellate Division’s standards for modification of custody and visitation orders.

                After a long delay, Mr. Corletta, in a Skype appearance, dismantled the custodial parent’s Petition and obtained a Bench Order dismissing the Petition on the spot. Not only was Mr. Corletta’s client grateful, but the client’s parents were grateful as well. The Judge’s dismissal sent a message to the custodial parent to stop filing frivolous petitions and wasting everyone’s time, and to allow the child to have a relationship with the grandparents, who were enhancing the child’s life.