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…
Articles Posted in Custody
Mother challenges modification to custody order. Turkashwand v. Brock, 189 A.D.3d 1428 (N.Y. App. Div. 2020)
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…
Appellate Division ordered a custody modification hearing due to alleged changes in circumstances and caregiving. O’Mahoney v. O’Mahoney, 206 A.D.3d 819(N.Y. App. Div. 2022)
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…
Determining jurisdiction over a custody case. Montanez v. Tompkinson, 167 A.D.3d 616 (N.Y. App. Div. 2018)
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…
Court modified the order for supervised visitation for practical reasons. D.T. v. C.T. 215 A.D.3d 1232 (N.Y. App. Div. 2023)
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…
Mother challenges court awarding father sole custody. Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021)
Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) is an appeal from a an order issues in a Family Court Act article 6 proceeding. A Family Court Act Article 6 proceeding refers to cases handled under Article 6 of the New York Family Court Act, which covers matters related…
Whether New York possesses initial child custody jurisdiction, considering the children’s residency outside the state. Matter of E.P. v B.S. 2023 NY Slip Op 23318
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws enacted in all 50 states of the United States, including New York, to provide a legal framework for determining which state has jurisdiction over child custody matters. The primary aim of the UCCJEA is to prevent…
Requirement of supervised visitation challenged by mother. Thompson v. Thompson, 2023 N.Y. Slip Op. 2202 (N.Y. App. Div. 2023)
In this case the mother challenged the father being awarded sole custody and the requirement of her visitation being supervised. 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…
When the parents had a contentious relationship, the court had to determine the appropriate custody arrangement. a Child Custody Proceeding Under Article 6 of Family Court Act SB v. AS, 2020 N.Y. Slip Op. 50121 (N.Y. Fam. Ct. 2020)
The court’s primary aim in custody disputes is to ensure the well-being and best interests of the child. One way it seeks to achieve this is by favoring joint custody arrangements whenever possible. Joint custody allows both parents to remain actively involved in the child’s life, providing them with emotional…
Whether a father with a history of domestic violence should be awarded custody. Scott v. Thompson 166 A.D.3d 627 (N.Y. App. Div. 2018)
In Scott v. Thompson, 166 A.D.3d 627 (N.Y. App. Div. 2018), the custody dispute included allegations of domestic abuse. In child custody determinations, New York courts always prioritize the best interest of the child. When allegations of domestic violence arise, courts must evaluate their impact on the child’s well-being and safety.…