In Sicina v. Gorish, 209 A.D.3d 658, (N.Y. App. Div. 2022) the court considered whether to extend an order of protection. In New York, a family court order of protection may be extended for various reasons, including instances where the order has been violated. When a violation occurs, the court…
Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022), involves a question of grandparents rights and the concept of extraordinary circumstances. In the context of a child custody case involving grandparents, “extraordinary circumstances” refers to specific situations or conditions that are deemed exceptional or unusual,…
In a matrimonial case involving child custody and economic provisions, the Supreme Court of Queens County addressed the defendant’s request to modify the custody arrangement and to vacate the economic provisions of the divorce judgment. This case underscores how courts evaluate requests for custody modification and challenges to economic terms…
In Etzel v. Freleng, 188 A.D.3d 1054 (N.Y. App. Div. 2020), the Appellate Division addressed issues pertaining to jurisdiction in custody disputes where the divorce decree establishing custody was issued in Vermont. Jurisdiction in divorce and custody cases is paramount for ensuring the proper adjudication of legal matters surrounding the…
In Leathers v. Smalls 192 A.D.3d 892 (N.Y. App. Div. 2021), a case heard by the Family Court of Westchester County, the father appealed from two court orders related to child support obligations. The case involved a dispute over the father’s compliance with a child support order and the subsequent…
In re Baby O. 181 A.D.3d 606 (N.Y. App. Div. 2020) involves a contested private placement adoption case adjudicated by the Family Court of Suffolk County, focusing on the biological father’s appeal against two court orders. The first order, dated October 25, 2018, determined that the father’s consent wasn’t needed…
A determination of neglect signifies a legal finding that a parent or caretaker has failed to provide adequate care, supervision, or guardianship for a child. It means that the court has concluded, based on the evidence presented, that the child’s physical, mental, or emotional well-being has been impaired or is…
Jurisdiction over a custody decision is typically determined based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) guidelines, which prioritize the child’s “home state” as the primary jurisdiction for custody matters. The “home state” is defined as the state where the child has resided with a parent or…
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 mother with supervised visitation rights, stipulating that the specifics of these visitations be mutually agreed upon by both parents. This…
In Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020, the Appellate Division consider a case where a husband challenges having to pay his spouse support. In New York, the Family Court determines spousal support during divorce proceedings by carefully considering various factors related to the financial circumstances of…