In this case the Appellate Division examined whether the family court considered the 14-year-old child’s wishes when granting the father visitation. In making decisions about custody and visitation, the Family Court’s primary concern is to do what is in the best interests of the child. The determination of what is…
In this case the Appellate Division reviewed an order of the Family Court of Schenectady County dismissing a mother’s motion to seek visitation with her child. The Family Court’s decision was based on two factors: the report of the forensic evaluator and the mother’s emotional outburst during the hearing. In…
This case involves a “best interests” hearing that stems from a motion of the father to modify the custody arrangement giving him sole legal and physical custody of his children. It had been previously established that the mother had alienated the children from their father, and as a result, the…
In a child protective proceeding, the Appellate Division considered whether the mother had taken sufficient steps to be reunified with her children. In New York , if there is evidence that a parent has abused or neglected his (or her) child, the Administration for Children’s Services (ACS) has the authority…
A guardian of a minor is a person appointed by the court to make decisions for a child in the event that the parents are unwilling, unavailable or unfit to care for the child. While the court will typically appoint a family member or a close friend to be the…
In a case that pits a grandparent against parents, the Kings County Family Court considered whether the grandmother had standing to request visitation with her grandchild. Contrary to what many believe, under New York law, grandparents do not automatically have the right to have access to their grandchildren. In fact,…
In this case the Appellate Division considered whether the lower court properly concluded that the permanency goal in a child protective proceeding was to be placement for adoption instead of reunification with the mother. When a child is removed from the care of his (or her) parents due to findings…
In this case, upon divorce, the mother was awarded sole custody of the couple’s child and the father was ordered to pay child support. After losing his job, the father requested a reduction in child support payments. His request was denied by the Support Magistrate. In New York the court…
In this case, the Supreme Court considered whether a parent’s actions amounted to parental alienation such that a custody modification was warranted. It has been well-established that generally it is in the best interests of the children for them to have positive relationships with both parents. Ideally, despite their romantic…
Cases involving international visitation have many challenges. The parents must have the finances to pay for visitation travel. Travel logistics must be worked out. The parents or others who will accompany the child must have the legal ability to travel internationally. Also, in some instances there are concerns related to…