Permanency hearings are critical in child welfare cases, ensuring that children placed in the care of social services have stable and appropriate long-term plans. In Matter of Malazah W. and Malikah W., the Family Court addressed the permanency goal for two children removed from their mother’s care due to neglect.…
Articles Posted in Custody
In the absence of marriage, without evidence of a formal agreement or financial contribution, there no right to property or financial support. Farre v. Lours, 2020 N.Y. Slip Op. 33963
Common law marriage is a legal concept that recognizes a couple as married without the need for a formal ceremony or marriage license. It typically arises when a couple lives together for a certain period of time and holds themselves out as married, presenting themselves to others as spouses. In…
Appellate Division affirmed sole custody to the mother due to deteriorated co-parenting and father’s limited involvement. Connell-Charleus v. Charleus, 140 N.Y.S.3d 752 (N.Y. App. Div. 2021)
In a case concerning the custody of a minor child, the Family Court of Kings County addressed a petition to modify the custody arrangement outlined in a Florida judgment of divorce. The court considered whether a change in circumstances warranted granting the mother sole legal and physical custody of the…
Appellate Division applies the Indian Child Welfare Act to a custody matter. Suffolk Cnty. Dep’t of Soc. Servs. v. Samantha Q. (In re Dupree M.)
The Indian Child Welfare Act (ICWA) of 1978 is a federal law designed to protect the best interests of Native American children and preserve the stability and security of Indian tribes and families. While originally enacted to address the alarming rate of Native American children being removed from their families…
Court upheld mother’s increased visitation. Hendershot v. Hendershot, 187 A.D.3d 1584 (N.Y. App. Div. 2020)
In Hendershot v. Hendershot, 187 A.D.3d 1584 (N.Y. App. Div. 2020), a father appealed against a court order that increased the mother’s visitation rights with their children. Under New York law, in order for there to be a custody modification, there must be a change in circumstances. A “change in…
In the absence of extraordinary circumstances, grandmother was denied custody. Linda UU. v. Dana VV. 212 A.D.3d 906 (N.Y. App. Div. 2023)
In Linda UU. v. Dana VV. 212 A.D.3d 906 (N.Y. App. Div. 2023), the Family Court of Schenectady County dealt with a custody dispute involving a grandmother’s right to custody against the child’s mother. In New York, courts generally uphold the principle that a parent’s right to custody of their children…
Family Court, Kings County considered whether it had jurisdiction over a visitation case. R.L.BXXXXX v. C.D.GXXX (In re Custody of R.L.BXXXXX), 2019 N.Y. Slip Op. 29090 (N.Y. Fam. Ct. 2019)
A Final Order of Visitation (FOV) in New York is a legal document issued by the court that establishes the specific rights of a non-custodial parent or other party to have visitation with a child. This order outlines the schedule, duration, and conditions under which visitation will occur, aiming to…
In the absence of specific related to why the move would be in the best interests of the child, the court denied a parental relocation request. Betts v. Moore, 175 A.D.3d 874 (N.Y. App. Div. 2019)
When a parent wants to relocate with their child, they must get the permission of the other parent or of the court. The court will approve such a request to relocate and modification of a custody order if it is in the best interests of the child. In Betts v.…
Mother’s request to relocate with child to Florida denied because not in the best interests of the child. Holtz v. Weaver, 94 A.D.3d 1557 (N.Y. App. Div. 2012)
This case involved a dispute over parental relocation. The mother, who had primary custody of the child, sought permission from the court to relocate with the child to Florida. The father opposed the move, and the matter was brought before the court for a decision. The court had to determine…
Court awarded sole custody to mother due to father’s actions. In re Amanda R., No. 2021-04095 (N.Y. App. Div. Jun. 24, 2021)
In custody disputes, courts focus on the best interests of the child when determining which parent should be awarded custody. The “best interests of the child” standard is the guiding principle in custody cases. Courts evaluate which arrangement will most effectively promote the child’s well-being, stability, and development. Factors include…