At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage. Just like…
In this case the Appellate Division examined whether the family court considered the 14-year-old child’s wishes when granting the father visitation. In making decisions about custody and visitation, the Family Court’s primary concern is to do what is in the best interests of the child. The determination of what is…
In this case the Appellate Division reviewed an order of the Family Court of Schenectady County dismissing a mother’s motion to seek visitation with her child. The Family Court’s decision was based on two factors: the report of the forensic evaluator and the mother’s emotional outburst during the hearing. In…
This case involves a “best interests” hearing that stems from a motion of the father to modify the custody arrangement giving him sole legal and physical custody of his children. It had been previously established that the mother had alienated the children from their father, and as a result, the…
In this case, the Supreme Court considered whether a parent’s actions amounted to parental alienation such that a custody modification was warranted. It has been well-established that generally it is in the best interests of the children for them to have positive relationships with both parents. Ideally, despite their romantic…
Cases involving international visitation have many challenges. The parents must have the finances to pay for visitation travel. Travel logistics must be worked out. The parents or others who will accompany the child must have the legal ability to travel internationally. Also, in some instances there are concerns related to…
In this case the Appellate Division considered an appeal by the mother of an order from the Bronx County Family Court granting the father primary physical custody of their child. When considering custody, the Family Court’s overriding consideration is what is in the best interests of the child. Ideally, both…
Typically, custody disputes are between the mother and father of the child. However, family relationships are often complex, resulting in custody disputes between parents and members of the extended family. In Heather U. v. Janice, the custody dispute was between the mother of the child and the child’s great-grandmother. The…
In Farner v. Farner, the Appellate Division considered whether a change in the mental health of the custodial mother was sufficient grounds for a custody modification. Upon divorcing, the mother and father created a parenting agreement that was incorporated into their divorce decree. According to the agreement, the mother was…
In this case the Family Court was asked to determine whether to modify a visitation order to give the mother unsupervised visitation with her children. In New York, visitation with a child is typically unsupervised. This means that the non-custodial parent is generally permitted time alone with the child and…