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…
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.…
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…
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…
Child custody disputes with jurisdictional issues present significant challenges, especially when the children have been residing in a state other than New York. One of the primary challenges is determining which state has jurisdiction over the case, as this impacts various aspects of the legal proceedings, including custody determinations and…
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a legal framework adopted by most states in the United States to provide clarity and consistency in child custody jurisdiction matters across state lines. It aims to prevent jurisdictional disputes and forum shopping, ensuring that custody determinations are made in…
Turkashwand v. Brock, 189 A.D.3d 1428 (N.Y. App. Div. 2020) was a case from Nassau County, New York, which involved modifications to custody and parental access. The case addresses an appeal by the mother against several Family Court orders concerning her custodial rights and the allegations against the father. To…
In a matrimonial case involving child custody and economic provisions, the Supreme Court of Queens County addressed the defendant’s request to modify the custody arrangement and to vacate the economic provisions of the divorce judgment. This case underscores how courts evaluate requests for custody modification and challenges to economic terms…
Jurisdiction over a custody decision is typically determined based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) guidelines, which prioritize the child’s “home state” as the primary jurisdiction for custody matters. The “home state” is defined as the state where the child has resided with a parent or…
Background Facts In July 2021, the Family Court of Onondaga County awarded the petitioner, the father, sole legal and primary physical custody of the children involved. Additionally, it provided the mother with supervised visitation rights, stipulating that the specifics of these visitations be mutually agreed upon by both parents. This…