In this case the Appellate Division considered an appeal by the mother of an order from the Bronx County Family Court granting the father primary physical custody of their child. When considering custody, the Family Court’s overriding consideration is what is in the best interests of the child. Ideally, both…
Typically, custody disputes are between the mother and father of the child. However, family relationships are often complex, resulting in custody disputes between parents and members of the extended family. In Heather U. v. Janice, the custody dispute was between the mother of the child and the child’s great-grandmother. The…
In Farner v. Farner, the Appellate Division considered whether a change in the mental health of the custodial mother was sufficient grounds for a custody modification. Upon divorcing, the mother and father created a parenting agreement that was incorporated into their divorce decree. According to the agreement, the mother was…
In Katz v. Katz, the Appellate Division considered whether a father’s obligation to pay child support could be suspended because the mother interfered with his visitation. The general rule is that under New York law a noncustodial parent’s access to a child and his or her obligation to pay child…
While a DNA test will show almost definitively (90-99% accuracy) whether a man is the father of a child, in New York there are other ways to establish paternity. One way is by signing an Acknowledgement of Paternity (AOP). Both parents must sign the document, it must be witnessed, and…
In paternity cases in New York, there is a doctrine referred to as “equitable estoppel.” Typically, the doctrine is applied in instances where a man has held himself out to be a child’s father and later seeks to deny paternity or to disprove paternity through DNA testing. In such cases,…
In this case the Family Court was asked to determine whether to modify a visitation order to give the mother unsupervised visitation with her children. In New York, visitation with a child is typically unsupervised. This means that the non-custodial parent is generally permitted time alone with the child and…
Grandparents often feel that they have an absolute right to see their grandchildren, even if the parents of the children do not want the grandparents involved. While children often benefit from having relationships with their grandparents and other extended family members, grandparents do not automatically have a legal right to…
In this case the Family Court was asked to determine whether to grant a father unsupervised visitation with his child because he lost his job and could not to afford the fees associated with supervised visitation. The parents of the child were never married. Their relationship ended when the child…
In this case the Family Court considered whether interference with visitation was a reason to stop paying child support and whether it would cancel child support arrears. The father was awarded custody of the child and the mother visitation. The mother was also required to pay child support to the…