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…
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…
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…
Generally, child support and custody are two different issues. Parental access is not based on the amount of child support is paid or whether it is paid on time or is in arrears. This means that a parent who has been ordered to pay chid support cannot stop paying child…
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…
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…
Matter of B. v J. 2018, NY Slip Op. 02148 L.B., Petitioner, Respondent. v. J.L. Respondent, Appellant. Decision This case is an appeal from the Queens County Family Court, May 6, 2016. The order awarded the parties joint legal custody of their child, with the mother receiving primary physical custody…
No. 100288 June 21, 2017 Facts: The parties lived together in a small apartment in the Bronx in the fall of 2008. They ended up having a child together, and stayed together for 3 months. After this time, the Petitioner moved in with family. He tried to maintain contact with…
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the…