A New York father has filed a civil lawsuit against the mother of his child, alleging that his parental rights were unlawfully suspended through an ex parte family court order.
Plaintiff Justin Ross Malkin contends that defendant Emily Rachel Levin worked with a state family court judge to obtain an order that temporarily eliminated his unsupervised visitation without affording him due process. The dispute stems from an emergency petition Levin submitted alleging concerns about Malkin’s behavior and alleged drug use. According to the complaint, the petition resulted in the immediate suspension of Malkin’s unsupervised visitation rights. Malkin asserts that the order was issued without a hearing or judicial findings and relied on allegations he claims were unsupported. He argues that the actions violated his constitutional rights under 42 U.S.C. § 1983 by depriving him of parental access without due process.
Malkin and Levin share a minor child born in 2011 and entered into a parenting agreement in 2015 that established joint custody. Over time, disputes arose concerning the child’s medical care, education, and other parenting decisions. The complaint states that disagreements intensified in early 2025 following disputes over schooling, which preceded Levin’s request for emergency court intervention.
Malkin alleges that the family court adopted Levin’s emergency petition within approximately 24 hours, a timeline he characterizes as procedurally irregular. He claims the order was issued without statutory justification and without providing him an opportunity to contest the allegations or be heard.
The lawsuit seeks compensatory and punitive damages for alleged emotional distress, reputational harm, financial losses, and loss of parenting time. Malkin also seeks attorney’s fees as permitted under federal law.
The plaintiff is represented by attorney Brandon Sample of Criminal Center LLC. The case was filed in the United States District Court for the Eastern District of New York under Case No. 1:25-cv-6673.