Quarterly Newsletter
What We Have Been Up To
Spring Greetings! The Gabriella Boyd Memorial Foundation continues to wish everyone a healthy, safe, and productive rest of the year!
Since our last Quarterly Newsletter we continue to aid and assist parents with Family Court matters, specifically custody, visitation, and child support. The majority of parents that have contacted us being from the southern Westchester County area New Rochelle, White Plains and Yonkers. These three critical issues of custody, visitation and child support that get decided by Family court judges and Support Magistrates have a life altering impact on not only the child but the parents. More so the noncustodial parent because they are ordered when, where, and becoming more frequent how they can see their child and having to pay the child support. In the majority of cases our foundation was contacted about the noncustodial parents were upholding the courts Order and making payments but were subsequently being denied their visitation right by the custodial parent contrary to the current Court Order in place.
There are a multitude of different factors and scenarios that can influence and affect the dynamics of rendering decisions in Family Court. It is not a one size fits all, but a tailored approach. A forgotten truth and practice by most Family Court judges that now hold this common misconception.
Be mindful next time you hear of a friend, colleague, or perhaps your own family member grappling with the direct effects as a result of a Family Court decision. It not only weighs on their personal life but the individuals professional and social life, as well as the individual themselves. Be an ear to them it will mean a lot more than you think. The Gabriella Boyd Memorial Foundation.
Stay Informed!
The Kyra Franchetti Foundation was founded by Jacqueline Franchetti in memory of her 28- month-old daughter Kyra, who, in July 2016 during a court-sanctioned unsupervised visit, was shot twice in the back while she slept by her biological father, who then set his house on fire and killed himself. In the months before Kyra was murdered, her mother warned that her former boyfriend, Kyra’s father was unstable, suicidal, dangerous and angry. During the years of court proceedings, he stalked, harassed and threatened her, Jacqueline’s warnings and pleas for help fell on deaf ears. Despite these abusive and dangerous behaviors, the forensic evaluator recommended joint custody, and Kyra’s attorney refused to take actions that would have protected Kyra. Just days before her murder at the hands of her father, the family court Judge Danielle Peterson of the Nassau County Family Court in Westbury, NY remarked that the case was “not a life-or-death situation”.
The Kyra Franchetti Foundation is raising awareness about the dangers of family violence, especially to children, within and outside our divorce/family court system. They seek to create change in the conversation, change in the way issues are addressed in family court, and change in the media discussion and coverage about family violence and those involved. In the years since her daughter was murdered, Jacqueline Franchetti has become an advocate for reforming New York’s Family Court system.
Kyra’s Law, A-05398, was introduced in the Assembly by Andrew Hevesi on February 16, 2021, there have been several members that have already signed on as co-sponsors, it is currently in Committee. This bill seeks to offer children greater protection by creating detailed criteria prioritizing the health and safety of children over other “best interest” factors. It requires that when the other party alleges child abuse or domestic violence, Family Court must conduct an evidentiary hearing and make a finding regarding the allegations. If the court finds a pattern of domestic violence or child abuse, the judge would have to award sole custody to the non-offending parent. The bill would also add training requirements for Family Court judges and other court personnel in the dynamics of domestic violence, that would be offered by experts on domestic violence and child abuse.
Family Court Saga
Nassau County, NY
I am sharing my story as a mother who is a protective parent, a survivor of domestic violence and a victim of the Nassau County Family court system in Westbury, New York, specifically Judge Danielle Peterson. Three years ago, I was forced into the long-drawn-out process of a custody battle that is still going on even now, over my then 6-year-old son and quickly found out that there is nothing about “family” or “law” in Family Court. For his whole life, I was the main caretaker for our son, I took him to all of his doctor appointments, early intervention, I took him to school and back every day and to all of his extracurricular activities but yet I lost custody to my abuser. Judge Danielle Peterson of the Nassau County Family Court in Westbury NY decided that the father of our child, a convicted violent felon, who has a very long criminal record which includes being convicted of selling semi-automatic weapons, cop killer bullets, assault and two DWI’s should have sole custody. I have never been arrested. I don’t use drugs and I don’t drink alcohol.
Without hearing or seeing any proof of the domestic violence allegations that I had made, I feel that she had already made her decision on the very first court date. When Judge Peterson was shown a preponderance of evidence on video of my son’s father enraged and throwing furniture on Dec 31, 2017 which had prompted me to leave him, her only comment was “he is only “charged” with domestic violence, he isn’t convicted yet.” She had seen the video evidence, he admitted to her that he pled guilty to the charges, one of my other children was home when the incident happened and yet Judge Peterson stated that because he wasn’t “convicted” yet at the time we were in court, she didn’t think it was a problem. When she was informed of my ex’s prior conviction for selling semi-automatic weapons to an undercover detective and went to prison for over 7 years she said “the conviction is ten years old, I don’t have to consider that.“ She was also made aware of the plea bargain he was offered for criminal charges for domestic violence in December of 2017, which was 6 weekends in jail and 5 years’ probation. Knowing that he had no family to help care for our child while he would be incarcerated from Friday to Sunday for 6 weeks, knowing that probation would be entering his home at all hours of the day or night with a team of officers for the next 5 years, she still gave sole custody to him. On numerous occasions in 2018 my ex had also violated the two, five-year orders of protection I was granted by two Nassau County Criminal Judges, Judge Sturim and Judge Watson. When Judge Peterson was made aware of this she literally yelled at me, “do you know what your problem is? Your problem is you keep trying to have him arrested,” I said to her, “if he didn’t violate the order of protection, there wouldn’t be any charges to file and I will file a criminal complaint against him each and every time he violates it.” Standing up for yourself apparently isn’t allowed in her courtroom. During our trial. Judge Peterson also denied a request made by my attorney for a forensic evaluation. This evaluation would have proven my son’s father was a danger. She knew it and didn’t allow it. The final decision and order I received also shows how judges don’t have any guidelines that they should be required to follow and they can do whatever they want. An example of this would be that my two other minor children have orders of protection against my ex and yet Judge Peterson forces me to disclose not only my address but also which hotels I stay at when I have my son when I am in New York. She is aware that this man has pled guilty and was convicted of domestic violence. She is aware that two minor children have an order of protection against him, and myself having two orders of protection against him and yet I am forced to let him know where all of us are. She put a target on all of our backs. I feel abused by the court system now as well as by the person that abused me. Because of Judge Peterson my son is without his mother and is without his siblings who he loves. His father is abusing and successfully manipulating the system to try keep my son and I apart. This is domestic violence by proxy. The Judge took an adversarial stance towards me and is clearly biased. All of my children have been emotionally affected by this. My youngest child will not grow up with his siblings, he displays emotional issues, anger issues and is not being provided any psychological services.
The family court system is currently designed to benefit the abuser, man or woman, and has nothing to do with the best interest of the child. The term “best interest of the child” is too broad of a term which gives judges an enormous amount of discretion in their judgements. This allows purely subjective decisions to be made that are more often than not, biased and harmful. Judge Peterson separated my son from not only his mother but also from his siblings who I have custody of. How is that in the best interest of the child? Child safety should be the top priority in the family court system and clearly it is not. Judge Peterson is a biased Judge who clearly does not have any training in domestic violence abuse which comes in other forms other than just physical. Judges are not trained properly to recognize all forms of abuse such as coercive, emotional and financial abuse.
My own experience with the family court is not an isolated incident. Abusers are gaining custody at astonishing rates. They then use the court system to continue the abuse. I have been threatened with court by my ex for calling our son by his nickname that I have called him since I gave birth to him. It is all about power and control. In New York State there is a new Law that is at the Assembly level called “Kyra’s Law”. This law came about from the relentlessness andcourage of a mother who, not surprisingly, also stood in front of Judge Peterson. This law addresses many of the issues I have had in family court and would also prevent the abusive parent from gaining full custody. I am hopeful it will pass, and other children will not be separated from the protective parent, abused or murdered and will change the constant failings that occur daily in the family court system. This proposed legislation will also require judges and law guardians to attend continuous training during their term to recognize domestic violence. However, having a law in place doesn’t necessarily mean the judges follow the law. They don’t have to and they know it because they have immunity. The judges also control the transcripts and like Judge Peterson, will not allow anyone in the public courtrooms to court watch. Cameras in the courtroom would unequivocally change how the Judges act in court. I am hopeful to one day see this in every single courtroom across the country. Only then do I believe change is really possible.
My son will be turning 10 this September and I anticipate being in court for the better part of the next 8 years until my son is 18 years old. I will never give up and will continue my fight to gain custody back and can only hope that I can reverse the effects of what living with an abuser has done to my once very happy child. Until accountability, transparency, and integrity are utilized in the Family Court System on a daily basis I will not stay silent and will continue to be an advocate for all protective parents.
