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…
The case of Dickes v. Johnston, decided in 2023, revolves around a custody dispute between the respondent-petitioner mother and petitioner-respondent father. The Family Court, in response to the father’s supplemental petition, modified the existing custody order to increase his parenting time with the child. In New York, modifying a custody…
The case of Alanna v. Duncan, upon divorcing, the couple agreed upon custody. However, the mother changed her mind and sought to modify the custody arrangement. In New York, courts may entertain requests to modify custody agreements when there is a substantial change in circumstances that affects the well-being of…
There are many reasons that parents may petition the court for a modification of a custody order. In the case of Matter of Ross v. Trento, the petitioner requested a modification because the child was more well-behaved at her house than at the father’s house. In New York, modifying a…
In New York, a noncustodial parent’s right to visitation remains generally intact even during incarceration. The presumption is that maintaining contact with the noncustodial parent is in the child’s best interest. While incarceration alone doesn’t render visitation inappropriate, the court considers the circumstances to ensure the child’s welfare. The denial…
In Matter of Ellett v. Ellett the court was ask to grant an incarcerated individual in-person visitation with his young daughters. That would require the daughters to be brought to him at Clinton Correctional Facility. In matters of visitation rights for incarcerated individuals, New York law acknowledges the importance of…
Cases concerning child visitation present intricate legal landscapes. One such case, Rodriquez v. Van Putten (309 AD2d 807), sheds light on the delicate balance between a parent’s right to visitation and a child’s best interests. This Appellate Division case grapples with the implications of a father’s incarceration on visitation rights.…