When parents have intellectual or cognitive delays and mental health problems, parenting can be even more challenging than it generally is. It is not unusual for agency involvement and for the children to be removed. However, the goal is still for biological parents to have a role in the lives…
The long-standing policy in New York has been that parents have the right to have a relationship with their children and that it is generally in the best interests of the child for the courts to give parents and children the opportunity to foster a positive relationship. However, there are…
In this case, the court was asked to intervene when the child’s maternal grandmother appeared to influence the amount of parental access the mother gave the father. Background The mother and father were not married when they had a child together. The father was very involved in the child’s life…
Custody cases are not always between parents. A substantial number of cases heard by Family Court in New York involve other relatives, including grandparents. In the Matter of Chariss C. v Jose G., the court was asked to decide whether to grant the petitioning grandmother guardianship over her two grandchildren…
In New York there is a marital presumption of paternity. This means that if a child is born to a married couple, there is a presumption that the husband is the father of the child. The husband is the legal father of the child, even if he is not the…
When a New York court issues a custody order that is not deemed a temporary custody order, the order is considered final. The court wants children to have stability. The court, however, will modify a custody order if the situation warrants. For example, if a child is over 12 years…
Generally, custody orders prohibit a parent from relocating with the children without the consent of the other parent, even if the parent is the custodial parent. When a parent wants to relocate with the children, the stage is often set for a custody battle. In determining this issue, as always,…
In New York, the purpose of the Attorneys for Children Program (AFC) is to provide representation to minors in court proceedings such as proceedings related to custody and visitation. The AFC is not to show bias for or against any parent. They are to advocate for the child and make…
In New York, the court will not change a custody order unless there has been changed circumstances. In other words, the court does want parents to file petitions to modify custody every few months. Not only would this be a burden on the courts, ever changing custody arrangements would lead…
In New York, a child custody order can only be changed under specific conditions, including if there has been changed circumstances such that it would be in the best interests of the child that the court modify the child custody order. In this case, the Family Court was asked to…