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Articles Posted in Custody

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Appellate Division Reversed Family Court Decision Denying Mother’s Request for Visitation Modification- Matter of Jessica D. v Michael E.2020 NY Slip Op 02133 (N.Y. App. Div. 2020)

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…

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Change of Custody to Father Not in Children’s Best Interest Despite Alienation by Mother- Matter of Eddie S. v. Sylvia S., 2020 NY Slip Op 50296(U)

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…

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Supreme Court of Monroe County Reviewed a Case Involving Parental Alienation – J.F. v. D.F., 2018 NY Slip Op 51829(U) (N.Y. Sup. Ct. 2018)

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…

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Appellate Division Considered a Case Involving International Visitation- Fernandez v. Pulla, 2019 NY Slip Op 7068 (N.Y. App. Div. 2019)

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…

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Court Awards Custody to Father Who Had Been Primary Caregiver for Two Years- Dariel M. v. Aurelyn Z.G., 2020 NY Slip Op 506 (N.Y. App. Div. 2020)

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…

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Family Court Did Not Err in Dismissing Petition for Custody Modification Where Mother Failed to Produce Evidence of Changed Circumstances – Heather U. v. Janice, 2019 NY Slip Op 9338 (N.Y. App. Div. 2019)

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…

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A Change in the Mental Health of a Parent May Be Sufficient Grounds for a Custody Modification – Farner v. Farner, 152 A.D.3d 1212 (N.Y. App. Div. 2017)

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…

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Court Orders Supervised Visitation Where Unsupervised Visitation Would Be Detrimental To The Child- Spencer v. Killoran, 2017 NY Slip Op 991 (N.Y. App. Div. 2017)

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…

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Court Decides Whether to Grant Father Unsupervised Parental Access- Gonzalez v. Santiago, 167 A.D.3d 885 (N.Y. App. Div. 2018)

In this case the Family Court was asked to determine whether to grant a father unsupervised visitation with his child because he lost his job and could not to afford the fees associated with supervised visitation. The parents of the child were never married.  Their relationship ended when the child…

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Court Will Suspend Visitation Where It Has Been Detrimental to the Child’s Mental State – Lupo v. Rainsford, 162 A.D.3d 1032 (N.Y. App. Div. 2018)

In this case a father appealed a decision of the Family Court to suspend his visitation. The original custody order followed the parents’ divorce.  The father was granted visitation.  The order was later modified requiring that the father’s parental access had to occur in a public place.  The mother again…

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