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…
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…
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.…
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…
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…
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…
C.R. v. Y.P., 2020 N.Y. Slip Op. 50603 (N.Y. Fam. Ct. 2020) involves the determination of fatherhood for a child born to respondent Y.P. (referred to as Ms. P) and listed on the birth certificate as J.E., with S.D.E. acknowledged as the father. However, petitioner C.R. contested this acknowledgment, asserting…
In New York family court, obtaining an order of protection requires meeting a specific standard. Pursuant to the Family Court Act, the petitioner must demonstrate the existence of family offenses by a fair preponderance of the evidence. This standard necessitates showing that it is more likely than not that the…
Va. HH. v. Elijah, 211 A.D.3d 1201 (N.Y. App. Div. 2022) involves an appeal from a Family Court order regarding visitation rights between the grandparents and the children of divorced parents. In New York, grandparents may seek visitation rights with their grandchildren under certain circumstances. The law acknowledges the importance…
The court’s primary aim in custody disputes is to ensure the well-being and best interests of the child. One way it seeks to achieve this is by favoring joint custody arrangements whenever possible. Joint custody allows both parents to remain actively involved in the child’s life, providing them with emotional…