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Articles Posted in Father’s Rights

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Acknowledgement of paternity signed based on mistake of fact. Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div. 2013)

In a paternity case, the courts may sometimes be asked to vacate an acknowledgment of paternity when new information comes to light. These cases can have significant consequences, not only for the parents involved but also for the child. Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div.…

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Rights of the biological father of a child that was adopted. Jeffrey M. v. Ann B. 2020 N.Y. Slip Op. 20209 (N.Y. Fam. Ct. 2020)

In Jeffrey M. v. Ann B., 2020 N.Y. Slip Op. 20209 (N.Y. Fam. Ct. 2020), a case before the Family Court, Respondents Randall B. and Ann B. sought the dismissal of a Visitation Petition filed by Petitioner Jeffrey M. The court’s decision shed light on the complex dynamics of adoption…

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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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Custodial Interference Can Be the Basis for Suspending the Obligation to Pay Child Support – Katz v. Katz, 2008 NY Slip Op 7873 (N.Y. App. Div. 2008)

In Katz v. Katz, the Appellate Division considered whether a father’s obligation to pay child support could be suspended because the mother interfered with his visitation. The general rule is that under New York law a noncustodial parent’s access to a child and his or her obligation to pay child…

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Visitation Interference May Result in Suspension of Child Support Obligation – Vasquez v. Powell, 111 A.D.3d 754 (N.Y. App. Div. 2013)

In this case the Family Court considered whether interference with visitation was a reason to stop paying child support and whether it would cancel child support arrears. The father was awarded custody of the child and the mother visitation. The mother was also required to pay child support to the…

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Social Services Seeks to Terminate Parental Rights of Father

This is a proceeding pursuant to Social Services Law § 384-b to terminate parental rights of the natural father. The petitioner, Little Flower Children’s Services, appealed from an order of the Family Court, Kings County dated 22 September 1993, which dismissed the petition. The court affirmed the order, without costs…

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