NY Slip Op 07310 October 8, 2015 This is an appeal of the Family Court of Fulton City, which modified a prior custody order. The Petitioner (mother) from Albany County and the Respondent (father) are the parents of a daughter. In 2012, the parties agreed to share custody. The parties…
Articles Posted in Custody
S.L. v J.R. NY Slip Op 04442
S.L. v J.R. NY Slip Op 04442 June 9, 2016 This case discusses whether the Supreme Court made a proper custody ruling without calling for a plenary hearing. SL filed for divorce against JR seeking full custody of the children after 15 years of marriage. The father filed an Order…
Estrellita v. Jennifer L.D.
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the…
In the Matter of Brooke, Respondent v. Elizabeth A.C.C. Respondent
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the…
New York Court Rules that Parental Eavesdropping on Kids is Legal
People v. Badalamenti NY Slip Op 02556 The highest court in New York has held that parents can legally eavesdrop on their children if they believe that it is in their best interests. This ruling by the New York State Supreme Court established an exception to existing wiretapping without consent…
Petitioner Seeks Assistance with Section 8 Subsidy
In this Article 78 proceeding, it is undisputed that petitioner, who had received a Section 8 rent subsidy, did not submit her annual income certification documents, and that respondent New York City Housing Authority terminated petitioner’s Section 8 rent subsidy. Petitioner then wrote to the agency, asking it “to give…
Interesting Case Decides Parenting Rights of Surrogate Mother
This is a Family case wherein Plaintiffs appealed in an action for a judgment, inter alia, declaring the plaintiff D.Y.-V. to be the legal mother of a child born on May 1, 2009, to the plaintiff N.N. and declaring article 8 of the Domestic Relations Law and Family Court Act…
Plaintiff Files Action for Nonsupport and Cruelty
This is an action by an infant wife for separation on the grounds of cruelty and nonsupport, in which the defendant husband asserted a counterclaim for separation on the ground of abandonment, a judgment was entered in the Supreme Court, on May 18, 1959, after trial, in favor of the…
Divorce Brought to Court on the Grounds of Constructive Abandonment
In this family case, the parties were married in August 1973. The wife is presently 52 years of age and the husband is presently 56 years of age. On the date of their marriage, plaintiff was 22 years of age and a college graduate. Defendant was then 18 years of…
Spouses Battle for Custody of Infant Child in Protective Care
The petitioner spouses filed a custody petition for a baby on April 26, 2004. Named as respondents are the unidentified birth parents, and the Children’s Services. The latter has had temporary custody of the baby since March 1st when a neglect petition was filed against the parents, alleging that the…