This case arose from a divorce proceeding which was commenced in Massachusetts. Respondent’s physical custody of the two minor children was initially pursuant to the parties’ May 21, 1993 separation agreement. A New York Family Lawyer said that agreement provided for joint custody, with primary physical residence with respondent and…
In a contested child protective and child custody proceeding, the administration for children’s services sought an order directing the removal of the child from the home of the paternal grandmother who resides in Virginia. The motion is supported by the law guardian and opposed by the parents of the child.…
On a motion for a change of child custody by a father whose former wife has breached the restrictive residence provision of a non-merged separation agreement by surreptitiously removing the children of the marriage to California, two equally strong policies are contra posed to each other. A New York Family…
The court is called upon to make certain decisions based upon a dispute involving allegations that a mother, through her actions, actively and passively alienated and influenced a child to the point that the child may no longer have any inclination or desire to see her father again. A New…
An Italian-born American woman married another American in the United States in August 1992. They went to Italy where their only son was born in July 2001. The child has Italian and American citizenship. A New York Family Lawyer said the couple divorced in April 2004 in New York but…
Petitioner mother and respondent father were married in Colorado in 1979. They had a child born in Wyoming. Thereafter the mother filed for divorce in Wyoming. A New York Family Lawyer said at about that time, the mother moved with the child to New York, where they have resided since.…
On March 2007, a father filed an action in court for child custody. However, the mother cross petition the action. Each of the parties testified in their own behalf and the father of the child called his mother to stand as a witness. A New York Family Lawyer said that…
This is a case being heard in the Court of Appeals in the State of New York. The appellant in this case is Ellen Corcoran, who is the executrix of the estate of John J. O’Connell, deceased. The respondent in this case is Maureen O’Connell. Case Background The respondent, Maureen…
This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms.…
Jurisdiction is an important issue in child custody hearings. Often the parents of the child live in different court jurisdictions, or even different states. A New York Family Lawyer said the courts must work with the parents to determine which court system will have jurisdiction over the matters that are…