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New York Family Law Blog

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Relocation Request in Custody Case. Matter of Emily F. v. Victor P., 2024 NY Slip Op 24189

In February 2022, Emily F. filed a petition in the Supreme Court, Bronx County, seeking to modify a 2017 final order of custody and visitation. She requested permission to relocate her child from New York to North Carolina over the objection of the father, Victor P. The case came before…

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Father Granted Relocation to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case examined the legal standard for relocation, the factors courts must weigh when a custodial parent seeks to…

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Failure to Provide Notice Before Withdrawing Counsel Requires Reversal. Matter of Richard TT. (Kara VV.), 2024 N.Y. Slip Op. 00215

In Matter of Richard TT. (Kara VV.), the Appellate Division, Third Department, considered whether the Family Court of Schenectady County erred in proceeding with a neglect fact-finding hearing without the mother or her attorney present. The case involved important questions about a parent’s right to counsel in Family Court Act…

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Mother’s Violation Petition Denied; Father’s Relocation to Florida Granted. Matter of Charlie R. v. Carol Q., 2023 N.Y. Slip Op. 51090(U)

In Matter of Charlie R. v. Carol Q., the Family Court of Tompkins County addressed two petitions involving custody and parenting time for a child born in 2020. The mother filed a violation petition alleging that the father withheld court-ordered supervised parenting time. The father filed a relocation petition seeking…

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Mother’s Child Support Agreement Vacated Due to Mutual Mistake. Matter of Michelle B. v. Thomas Y., 2022 NY Slip Op 50020(U)

In the case Matter of Michelle B. v. Thomas Y., 2022 NY Slip Op 50020(U), the Family Court of Kings County reviewed objections filed by a mother challenging a Support Magistrate’s refusal to vacate an agreement she had made during a child support enforcement proceeding. The issue involved a stipulation…

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Subpoena Challenge Dismissed as Moot After Child Support Case Ends. Matter of Abidi v. Antohi, 58 A.D.3d 726 (2d Dep’t 2009)

In a child support case, business records may need to be produced to determine a parent’s true income, especially if they are self-employed or own a business. Unlike regular wage earners, business owners may have control over how income is reported. Financial statements, tax returns, and expense records can help…

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Support Violation Order Vacated Due to Lack of Jurisdiction. Matter of Pudvah v. Pudvah, 172 A.D.3d 1475 (3d Dep’t 2019)

In Matter of Pudvah v. Pudvah, the Appellate Division, Third Department, addressed whether a family court in New York had the legal authority to confirm a support violation order that was never initiated by a proper petition. The court found that, without a formal violation petition filed under Family Court…

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Father’s Custody Modification Petition Revived After Relocation Dispute. Matter of Shayne FF. v. Julie GG., 2023 N.Y. Slip Op. 05767

In Matter of Shayne FF. v. Julie GG., the Appellate Division, Third Department, reviewed a Family Court order that dismissed a father’s petitions to modify an existing custody and visitation arrangement. The case raised issues about what a parent must prove to change a prior custody order, how the court…

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Father Granted Permission to Relocate with Children to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case addressed the legal standard for relocation, the factors courts must consider when a custodial parent seeks to…

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Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule. Background Facts S.S. and M.S.…

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