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Articles Posted in Custody

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A Change in the Mental Health of a Parent May Be Sufficient Grounds for a Custody Modification – Farner v. Farner, 152 A.D.3d 1212 (N.Y. App. Div. 2017)

In Farner v. Farner, the Appellate Division considered whether a change in the mental health of the custodial mother was sufficient grounds for a custody modification. Upon divorcing, the mother and father created a parenting agreement that was incorporated into their divorce decree.  According to the agreement, the mother was…

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Court Orders Supervised Visitation Where Unsupervised Visitation Would Be Detrimental To The Child- Spencer v. Killoran, 2017 NY Slip Op 991 (N.Y. App. Div. 2017)

In this case the Family Court was asked to determine whether to modify a visitation order to give the mother unsupervised visitation with her children. In New York, visitation with a child is typically unsupervised.  This means that the non-custodial parent is generally permitted time alone with the child and…

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Court Decides Whether to Grant Father Unsupervised Parental Access- Gonzalez v. Santiago, 167 A.D.3d 885 (N.Y. App. Div. 2018)

In this case the Family Court was asked to determine whether to grant a father unsupervised visitation with his child because he lost his job and could not to afford the fees associated with supervised visitation. The parents of the child were never married.  Their relationship ended when the child…

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Court Will Suspend Visitation Where It Has Been Detrimental to the Child’s Mental State – Lupo v. Rainsford, 162 A.D.3d 1032 (N.Y. App. Div. 2018)

In this case a father appealed a decision of the Family Court to suspend his visitation. The original custody order followed the parents’ divorce.  The father was granted visitation.  The order was later modified requiring that the father’s parental access had to occur in a public place.  The mother again…

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Right of Biological Mother to Seek Custody of Children She Surrendered – Beverly L. v. James H. (In re Custody/Visitation Proceeding), 2016 NY Slip Op 26243 (N.Y. Fam. Ct. 2016)

The issue before the court is whether a parent who adopted out her children had the right to seek custody of them upon learning that the children were being sexually abused by the adoptive father. The petitioner voluntarily surrendered her parental rights to her three children, 2 daughters and a…

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