In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness…
Articles Posted in Custody
Court Ordered Temporary Custody Changes Pending Trial. B.N. v. J.N., 2024 NY Slip Op 51029(U)
Child custody cases often present the court with difficult decisions that impact the well-being of a child. In the matter of B.N. v. J.N., the New York Family Court was asked to decide whether temporary changes to a custody agreement were needed after serious allegations were raised and the parenting…
Court Adjusts Parenting Time in a Child Custody Case. Matter of Chad KK. v. Jennifer LL., 2023 NY Slip Op 04620 (3d Dep’t)
In New York, custody decisions are based on what is in the best interests of the child. These cases can involve difficult questions about parenting time, joint legal custody, and changes in a child’s mental and emotional condition. In Matter of Chad KK. v. Jennifer LL., the Appellate Division, Third…
Paternal Grandmother Granted Custody After Mother’s Long Absence. Matter of Bhanmattie H. v. Roxanne H., 2017 NY Slip Op 27192
In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and…
Mother Permitted to Relocate with Teen Daughter to California in Custody Dispute – K. v. V., 2024 NY Slip Op 50460(U)
In New York, a parent who wants to relocate with a child must show by a preponderance of the evidence that the move will serve the child’s best interest. Courts consider several factors, including the reasons for the move, the relationship between the child and each parent, the impact of…
Court Addresses Custody While Parents Still Living Together. David v. Stephanie, 2021 NY Slip Op 21223
In New York child custody cases, courts must decide what arrangement is in the best interests of the child. Custody decisions are based on many factors, including each parent’s relationship with the child, ability to provide care, and willingness to support the child’s relationship with the other parent. In most…
Court awarded sole custody to the mother, emphasizing stability, her caregiving role, and father’s undermining behavior. Vickie F. v. Joseph G., 195 A.D.3d 1064 (N.Y. App. Div. 2021)
In New York, courts generally favor shared custody, as maintaining relationships with both parents is often in a child’s best interests. However, sole custody may be awarded when it better serves the child’s needs. This typically occurs in cases involving abuse, neglect, substance abuse, or when one parent clearly demonstrates…
Father’s abandonment of child resulted in being denied custody. Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021
In Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021, a case of guardianship of a child after the mother’s passing, the Family Court of Columbia County faced a complex situation involving multiple petitions from interested parties. The court’s decision hinged on determining the best interests of…
Grandparent seeks custody in an interstate case. Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023)
The case of Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023) is a complex child custody case. Not only does it involve a grandparent seeking access to her grandchild, it also has interstate elements. The Interstate Compact on the Placement of Children (ICPC) is…
Appellate Division ordered a hearing to resolve custody disputes and parental access modifications. Trazzera v. Trazzera, 158 N.Y.S.3d 158 (N.Y. App. Div. 2021)
In custody disputes, courts prioritize the child’s best interests, considering circumstances that may necessitate modifications to prior agreements. This case addresses a post-divorce dispute where both parents sought modifications to their custody and parental access arrangements. The Supreme Court initially ruled without a hearing, but the appellate court reversed and…