A Lincoln hearing, named after a court case, is a process where the judge interviews a child privately to understand their preferences regarding custody or visitation. The purpose is to consider the child’s viewpoint without parental influence when making decisions about their welfare. The hearing allows the judge to gather…
What happens to parental rights when a parent is incarcerated in New York state. Generally, parents retain their parental rights, including the right to visitation. However, the caveat, is that every decision that a New York court makes with respects to children is guided by what is deemed to be…
Visitation disputes arising from divorce cases often cast a shadow on the lives of children caught in the crossfire. The case of Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113 (N.Y. App. Div. 1990), provides a poignant example of the complexities and challenges inherent in such legal battles. Background The Koppenhoefer case…
Child custody battles can be emotionally and legally challenging. In this Matter of Madden v. Cavanaugh, 307 AD2d 266 (N.Y. App. Div., 2003), the issue before the Family Court order in Westchester County was related to a custody modification. Modifying child custody arrangements is a significant legal step and requires…
The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings. In custody or visitation proceedings, an…
The case of Dickes v. Johnston, decided in 2023, revolves around a custody dispute between the respondent-petitioner mother and petitioner-respondent father. The Family Court, in response to the father’s supplemental petition, modified the existing custody order to increase his parenting time with the child. In New York, modifying a custody…
The case of Alanna v. Duncan, upon divorcing, the couple agreed upon custody. However, the mother changed her mind and sought to modify the custody arrangement. In New York, courts may entertain requests to modify custody agreements when there is a substantial change in circumstances that affects the well-being of…
There are many reasons that parents may petition the court for a modification of a custody order. In the case of Matter of Ross v. Trento, the petitioner requested a modification because the child was more well-behaved at her house than at the father’s house. In New York, modifying a…
The case of Of v. K involves a custody modification petitions filed be each parent with each seeking sole custody, which would required a modification to their joint custody arrangement. To modify custody in New York, a parent must demonstrate a substantial change in circumstances affecting the child’s welfare. This…
The case of Mason v. Mason, 2023 N.Y. Slip Op. 4018, presents a complex scenario involving a relocation petition within the context of a custody dispute. The petitioner-respondent mother sought permission to relocate with the children to North Carolina while the father wanted the children to move with him to…