The case of Of v. K involves a custody modification petitions filed be each parent with each seeking sole custody, which would required a modification to their joint custody arrangement. To modify custody in New York, a parent must demonstrate a substantial change in circumstances affecting the child’s welfare. This…
The case of Mason v. Mason, 2023 N.Y. Slip Op. 4018, presents a complex scenario involving a relocation petition within the context of a custody dispute. The petitioner-respondent mother sought permission to relocate with the children to North Carolina while the father wanted the children to move with him to…
In Latray v. Hewitt, the court considered a petition by the father seeking sole custody. New York courts seek to order joint custody when possible. Courts often prefer to order joint custody as it reflects a commitment to maintaining both parents’ involvement in a child’s life, provided it is in…
In the legal landscape of family matters, the case of Kanya J. v. Christopher K. presents a complex narrative involving parental rights, custody modifications, and support obligations. The intricate web of legal proceedings unfolds as both parents grapple for a favorable outcome in the best interests of their child. This…
The case of Christopher D.S. v. Richard E.S. involves a father’s appeal from a decision terminating his parental rights with respect to five children. The father challenges the denial of his recusal request and asserts a violation of due process regarding diligent efforts for reunification. In New York, terminating parental…
The “best interests of the child” is a paramount legal standard used in family law to guide decisions regarding custody, visitation, support, and other matters that directly affect children. Essentially, it mandates that any decision made by the court or involved parties must prioritize what is best for the child’s…
The principle of “best interests of the child” is a fundamental legal standard used in family law to guide decisions regarding child custody, visitation, support, and other matters that impact a child’s well-being. It is a paramount consideration meant to ensure the child’s overall welfare and development take precedence over…
In New York custody disputes, the weight given to a teenage child’s preferences can significantly impact the court’s decision. While the child’s input is considered, it’s not the sole determinant in custody proceedings. Judges take various factors into account, including the child’s age, maturity level, and ability to articulate their…
In New York, Family Court can only adjudicate matters that involve people in “familial” relationships. Generally, familial relationships are blood relationships, marriage relationships, and intimate relationships. Note that an intimate relationship does not have to be a sexual relationship. However, it does need to be more than a casual friendship.…
In New York, courts will only modify a custody order if there has been a change in circumstances. Examples, a change in circumstances include one parent abusing the child or substance abuse. In Aquitani v. Aquitani, there is a history of the mother accusing the father of abuse. Those accusations…