Khan v. Schwartz, 201 A.D.3d 718 (N.Y. App. Div. 2022), involves a child custody dispute where the mother seeks to modify the in-person parental access provisions of a prior order that granted sole legal and physical custody of the children to the father. In New York, the legal standard for…
In New York, the standard for supervised visitation involves assessing whether unsupervised visitation would be detrimental to the child. Generally, a noncustodial parent is presumed to have reasonable rights of visitation, and the denial of those rights is considered a drastic remedy. The court may order supervised visitation if there…
New York courts adhere to a comprehensive approach in determining custody and visitation arrangements. The paramount consideration is the best interests of the child, evaluated through a myriad of factors such as parental stability, financial well-being, and the ability to provide a nurturing environment. While the court aims to ensure…
In Grisanti v. Grisanti, the Westchester Family Court was ask by the petitioner, the mother, to change the visitation rules established in a 1996 divorce agreement. The court had to carefully consider this request, especially because one of the children involved has high-functioning autism and learning disabilities. The challenge was…
In the Matter of Panetta v. Ruddy, the court considered whether to grant the mother visitation of her child. In New York, the standard for a court to deny visitation is high, as it involves a drastic measure that infringes on a noncustodial parent’s rights. Denial of visitation rights should…
The case of Thompson v. Yu-Thompson (837 N.Y.S.2d 313, 2007) involves the concept of therapeutic visitation. Supervised therapeutic visitation in New York involves a structured setting where a mental health professional oversees and facilitates visits between a parent and child. This type of visitation is typically ordered by the court…
In Pettiford-Brown v. Brown (42 A.D.3d 541, 2007) the father’s visitation rights were suspended by the Family Court of Westchester County. This means that the court temporarily stopped or restricted his right to spend time with their child. This led him to appeal to the Appellate Division. Suspending a parent’s…
Child custody battles can be emotionally and legally challenging. In this Matter of Madden v. Cavanaugh, 307 AD2d 266 (N.Y. App. Div., 2003), the issue before the Family Court order in Westchester County was related to a custody modification. Modifying child custody arrangements is a significant legal step and requires…
The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings. In custody or visitation proceedings, an…
James v Tammy involves one parent petitioning the court for a change in the child custody arrangement due to a change in circumstances. In New York, a change of circumstances, as a prerequisite for custody modification, necessitates a substantial and material shift affecting the child’s well-being. Courts scrutinize alterations in…