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Articles Posted in Custody

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Weight a teenage child’s preference should be given in a custody dispute. Newton v. McFarlane, 174 A.D.3d 67 (N.Y. App. Div. 2019)

In New York custody disputes, the weight given to a teenage child’s preferences can significantly impact the court’s decision. While the child’s input is considered, it’s not the sole determinant in custody proceedings. Judges take various factors into account, including the child’s age, maturity level, and ability to articulate their…

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Because of a mother’s pattern of false accusations against the father, the court modified the custody order. Aquitani v. Aquitani (In re a Custody Proceeding Under Article 6 of the Family Court Act), 2022 N.Y. Slip Op. 50730 (N.Y. Fam. Ct. 2022)

In New York, courts will only modify a custody order if there has been a change in circumstances. Examples, a change in circumstances include one parent abusing the child or substance abuse. In Aquitani v. Aquitani, there is a history of the mother accusing the father of abuse. Those accusations…

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Court awarded sole custody to mother because she was better able to provide for the needs of the child. a Child Custody Proceeding Under Article 6 of Family Court Act v. TD, 2019 N.Y. Slip Op. 52151 (N.Y. Fam. Ct. 2019)

When it comes to child custody, the  preference of the court is to award the parents joint custody because that is what is generally in the best interests of the child. In this case, each parent sought sole legal and physical custody. The court had to figure out if joint…

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Court refused father’s request for a temporary modification to custody order. K.A. v. N.Q. (In re a Proceeding Under Article 6 of Family Court Act), 2022 N.Y. Slip Op. 50187 (N.Y. Fam. Ct. 2022)

When a court issues a custody order, it is designed to be permanent. Typically, courts consider a substantial amount of evidence from both parents before making a decision on custody. The goal of the court is to do what is in the best interests of the child. Generally, that would…

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Where parents disagreed on vaccination issue, the Family Court gave the mother final decision-making authority. L.N. v. V.V., 2019 N.Y. Slip Op. 52174 (N.Y. Fam. Ct. 2019)

When parents are awarded joint custody and joint decision-making, it is because that is in the best interests of the child. When issuing such an order, the court has also determined that the parents get along well enough to make parenting decisions jointly, despite disagreeing on some issues. When parents…

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Court awarded mother sole custody where father intentionally limited the mother’s access to the child. Matter of T.D. v E.P.B. 2022 NY Slip Op 50971(U)

Courts want children to have access to both parents and want children to have the opportunity to have positive, loving relationships with both parents. As a result, unless there are convincing reasons not to, the court will order joint custody. This has been found to be in the best interests…

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Grandparents petitioned the court for sole custody and the cessation of the child’s visits with the father. Matter of Brady S v Darla B 2020 NY Slip Op 51619(U)

Under some circumstances, grandparents are awarded custody.  The court will award grandparents custody if it is in the best interests of the child.  However, it has been well-established that having a relationship with the parents is generally preferable, and the court will seek to give parents and their children opportunities…

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Agencies must make reasonable efforts to reunify parents with their children. In re Jose F., 70 Misc. 3d 1211, 136 N.Y.S.3d 875 (N.Y. Cnty. Ct. 2020)

When parents have intellectual or cognitive delays and mental health problems, parenting can be even more challenging than it generally is.  It is not unusual for agency involvement and for the children to be removed.  However, the goal is still for biological parents to have a role in the lives…

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Is establishing paternity in the best interests of a child who had been living with a foster family? Wilson D. v. Anne B., 2021 N.Y. Slip Op. 51144 (N.Y. Fam. Ct. 2021)

The long-standing policy in New York has been that parents have the right to have a relationship with their children and that it is generally in the best interests of the child for the courts to give parents and children the opportunity to foster a positive relationship.  However, there are…

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Court was asked to intervene when the mother and grandmother limited father’s access to child. Marvin F. v. Jaran H., 73 Misc. 3d 1222, 155 N.Y.S.3d 305 (N.Y. Cnty. Ct. 2021)

In this case, the court was asked to intervene when the child’s maternal grandmother appeared to influence the amount of parental access the mother gave the father. Background The mother and father were not married when they had a child together.  The father was very involved in the child’s life…

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