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New York Family Law Blog

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Interference with grandparent visitation rights. Shimunov v. Davydov 179 A.D.3d 812 (N.Y. App. Div. 2020)

Interference with visitation rights in New York is a serious matter that can occur in various family dynamics, not limited to disputes between parents. While it often arises in the context of parental visitation arrangements, where one parent obstructs the other’s court-ordered visitation with their child, it can also extend…

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Mother challenges court awarding father sole custody. Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) 

Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) is an appeal from a an order issues in a Family Court Act article 6 proceeding. A Family Court Act Article 6 proceeding refers to cases handled under Article 6 of the New York Family Court Act, which covers matters related…

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Appellate Division considered whether the length and terms of an order of proctection were appropriate. Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022)

In Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022), an order of protection was issued against the respondent, directing him to stay away from the petitioner until June 10, 2023. The order stemmed from a fact-finding determination that the respondent committed the family offenses of second-degree…

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Court upheld findings of sexual abuse, neglect, and protective measures imposed. Admin. for Children’s Servs. v. Andrew S. (In re Cashmere T.), 77 N.Y.S.3d 477 (N.Y. App. Div. 2018)

Child protective proceedings aim to safeguard the welfare of children and hold individuals accountable when their behavior endangers a child’s safety. In In re Andrew S., the Family Court addressed allegations of sexual abuse and neglect. The case involved complex legal questions about evidence, credibility, and the protective measures necessary…

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Court considered the validity of the restrictions imposed on the father’s parental access to his children. In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022)

In In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022), the father appeals from an order dated January 13, 2022, which imposed restrictions on his parental access to his children. The court directed that the father could only have supervised access and prohibited him from being…

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Whether New York possesses initial child custody jurisdiction, considering the children’s residency outside the state. Matter of E.P. v B.S. 2023 NY Slip Op 23318

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws enacted in all 50 states of the United States, including New York, to provide a legal framework for determining which state has jurisdiction over child custody matters. The primary aim of the UCCJEA is to prevent…

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Whether mother should be required to pay back child support that father paid after children turned 21. Frederick-Kane v. Potter 187 A.D.3d 1436 (N.Y. App. Div. 2020)

The case before the Family Court of Albany County involved an appeal from an order dated November 16, 2018. This order addressed a modification of child support, highlighting the complexities surrounding parental obligations post-divorce. In New York, child support modification can be pursued under certain circumstances outlined in the statutes.…

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Whether the consent of the father is required for adoption. Statini v. Reed 2022 N.Y. Slip Op. 4304 (N.Y. App. Div. 2022)

In general, it is necessary for both parents to consent to an adoption to ensure that the child’s best interests are protected and to maintain the integrity of the family unit. This requirement serves as a safeguard to prevent the involuntary termination of parental rights and ensures that both parents…

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Requirement of supervised visitation challenged by mother. Thompson v. Thompson, 2023 N.Y. Slip Op. 2202 (N.Y. App. Div. 2023)

In this case the mother challenged the father being awarded sole custody and the requirement of her visitation being supervised. Background Facts In July 2021, the Family Court of Onondaga County awarded the petitioner, the father, sole legal and primary physical custody of the children involved. Additionally, it provided the…

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Spousal support claims abates upon the death of either party. Bomer v. Dean, 195 A.D.3d 1518 (N.Y. App. Div. 2021)

Abatement is the act of reducing or nullifying something.  There are several different types of abatement. For example, when it comes to a testamentary gift, abatement refers to the reduction in the value of a specific bequest due to insufficient funds in the estate to fulfill all bequests proportionately. In…

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