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…
Articles Posted in Custody
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…
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…
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…
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…
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…
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…
Right of Biological Mother to Seek Custody of Children She Surrendered – Beverly L. v. James H. (In re Custody/Visitation Proceeding), 2016 NY Slip Op 26243 (N.Y. Fam. Ct. 2016)
The issue before the court is whether a parent who adopted out her children had the right to seek custody of them upon learning that the children were being sexually abused by the adoptive father. The petitioner voluntarily surrendered her parental rights to her three children, 2 daughters and a…
Mother Appeals Neglect Charges
Matter of CW 2018 NY Slip Op 06546 October 3, 2018 Decision This is a child neglect proceeding that was held pursuant to Family Court article 10. The mother filed this appeal from an order dated August 10, 2017. Her application was denied. The Administration of Child Services started…
Attorney Fees Award Reversed by the Appellate Court
Greco v Greco 2018 NY Slip Op 03509 May 16, 2018 Decision This case was for a divorce and ancillary relief. The plaintiff filed this appeal from a decision form Nassau County Family Court dated 3/31/15. The order granted the defendant’s motion for $70,000 in attorney’s fees. It was ordered…