The Facts: Petitioner and respondent are the natural parents of a 7-year old child, born on 11 October 2002, who has lived continuously with the mother. The parties were never married and the mother is currently married to another. The mother also has a 1-year old daughter, born on 14…
Articles Posted in New York City
Court Discusses Social Services Law
The Facts: The subject child was born on 30 October 2000 and was placed in the care and custody of the Administration for Children’s Services (hereinafter ACS) in February 2002 as a result of neglect allegations against her mother, the appellant (hereinafter the mother). Sometime in June 2002, the mother…
Court Rules on Petition to Relocate Child
This is a case where the court granted defendant mother’s motion for relocation to North Carolina with her ten year old daughter alleging that the circumstances have changed. Because her parents’ marriage had failed even before she was conceived, the subject child has been raised by her mother since birth.…
Non-biological Father Seeks Custody
Respondent is the biological mother of the subject child, a six-year-old boy conceived through artificial insemination and born in December 2003. Respondent and petitioner met in 2002 and entered into a civil union in the State of Vermont in November 2003, the month before the child’s birth. Respondent repeatedly refused…
Mother Seeks to Relocate Child
An appeal involves a custodial action with the request of the mother to relocate her child with her. The parties were married but separated about a year and a half. Consequently, they filed a divorce and it was granted. The provision settling the case granted the mother legal and physical…
Father Brings an Order to Show Cause Regarding Visitation
Plaintiff father and defendant mother were married in West Point, NewYork. Five years later, they had a daughter. Six months after the child’s birth, the parties separated. The father commenced an action for divorce in NewYork County, where he had moved after the separation. The NewYork Supreme Court granted a…
Wife Moves Florida has Emergency Jurisdiction
A couple commenced an action for divorce and for child custody of their minor child. At the time of the action was initiated, the couple were living apart for several months. The wife instituted the action in Florida. She filed and received an ex-parte injunction enjoining either party from removing…
Court Looks at Jurisdictional Issue
A man married a physician in June 1985 in New York. They have one child who was born on July 1990 in New York. In June 1991, the man commenced a divorce proceeding, also in New York, which was settled on the record before the trial court in July 1991.…
Court Decides Issues Need to be Bifurcated
This is a divorce proceeding being held in front of the Supreme Court of the State of New York located in Westchester County. The defendant in the matter is Thomas Hannigan and the plaintiff in the case is Barbara Hannigan. Case Background A New York Family Lawyer said the plaintiff…
Parent Requests to Take Child Out of State
The problems that arise when a family is divorced are endless. Not only do the parents separate and create new homes, but the children have to divide their time between two parents. When a divorce is finalized, a visitation schedule is created. A New York Family Lawyer said parents are…