In New York, the court will not change a custody order unless there has been changed circumstances. In other words, the court does want parents to file petitions to modify custody every few months. Not only would this be a burden on the courts, ever changing custody arrangements would lead…
Articles Posted in Custody
Court modified custody order from father having full custody to mother having full custody. S.N. v. J.A., 2021 N.Y. Slip Op. 50304 (N.Y. Fam. Ct. 2021)
In New York, a child custody order can only be changed under specific conditions, including if there has been changed circumstances such that it would be in the best interests of the child that the court modify the child custody order. In this case, the Family Court was asked to…
Should an incarcerated mother who severely abused her children be permitted visitation? Y.Y.W. v. Z.G., 2022 N.Y. Slip Op. 50071 (N.Y. Fam. Ct. 2022)
In Y.Y.W. v. Z.G., the mother filed a petition seeking to modify two prior final orders, which denied her custody of her two sons and also prohibited visitation. The orders gave the father full legal and physical custody of the subject children. Background In 2016, Hon. Ilana Gruebel found clear…
What is the standard for changing a custody agreement? A.L. v V.T.L. 2022 NY Slip Op 22017
In A.L. v V.T.L., the Family Court, Rockland County, was asked to consider the standard for changing a custody agreement that gave one parent final decision-making authority over health-related decision for the children. Here, the issue that led to the dispute was the mother’s decision to vaccinate their younger child…
Can parental access to a child be conditioned on COVID vaccination or COVID testing?, C.B. v. D.B., 2021 NY Slip Op 21268
While vaccinations have been around for decades, none have caused as much controversy as the COVID vaccine. In C.B. v. D.B., the Supreme Court, New York County, was asked to determine whether a custodial parent require the noncustodial parent to be vaccinated or show a negative test as a condition…
In determining whether a custodial parent has the right to relocate with the child depends on whether doing so would be in the best interests of the child. H.K. v R.C. 2021 NY Slip Op 21190
When a court makes a decision about custody, parent access, and other aspects related to the custody and care of a child, the court’s decision must be based on what is in the best interests of the child. In H.K. v R.C., the Supreme Court, New York County, was asked…
The presumption that a child born to a marriage is the legitimate child of both parents applies equally to a non-biological parent in a same-sex marriage, Wendy G-M. v. Erin G-M., 985 N.Y.S.2d 845 (N.Y. Sup. Ct. 2014)
In New York there is a presumption that a child born to a marriage is the legitimate child of both parents. The issue before the Supreme Court of New York, Wendy G-M. v. Erin G-M is whether his same presumption also applies to both parties in a same-sex marriage. Background…
What impact should domestic violence have on a custody determination? Wissink v. Wissink, 749 N.Y.S.2d 550 (App. Div. 2002)
In Wissink v. Wissink, there was conclusive evidence that the father physically abused the mother. However, there was also conclusive evidence that the father never physically abused the daughter and that the daughter wanted to live with him. The issue that the Appellate Division considered was the impact of a…
A custody agreement providing for a specific religious upbringing will be enforced only if it is in the best interests of the child. Weisberger v. Weisberger, 60 N.Y.S.3d 265 (2017)
In Weisberger, the Supreme Court was asked to enforce a religious upbringing clause in the parties’ separation agreement that required to the mother to practice full religious observance in accordance with the Hasidic practices or be relegated to supervised therapeutic visitation. Background Plaintiff Naftali Weisberger and Defendant Chava Weisberger married…
In a tri-custody case, the Supreme Court, Suffolk County, considered whether a de facto third parent establish legal custody rights. Dawn M. v. Michael M., 47 N.Y.S.3d 898 (2017)
With the increasing number of people involved in polyamorous relationships, it is not surprising for the issue of child custody to develop where there are three individuals are in the household raising the child. In Dawn M. v. Michael M., a husband (biological father), his wife, and another woman (biological…