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…
In a case about a child support arrears settlement agreement, the Family Court was asked to determine whether a mutual mistake of fact was sufficient grounds to vacate the settlement agreement and reinstate the full amount of the arrears. Background The mother and father are parents of a child born…
In Y.Y.W. v. Z.G., the mother filed a petition seeking to modify two prior final orders, which denied her custody of her two sons and also prohibited visitation. The orders gave the father full legal and physical custody of the subject children. Background In 2016, Hon. Ilana Gruebel found clear…
In A.L. v V.T.L., the Family Court, Rockland County, was asked to consider the standard for changing a custody agreement that gave one parent final decision-making authority over health-related decision for the children. Here, the issue that led to the dispute was the mother’s decision to vaccinate their younger child…
While vaccinations have been around for decades, none have caused as much controversy as the COVID vaccine. In C.B. v. D.B., the Supreme Court, New York County, was asked to determine whether a custodial parent require the noncustodial parent to be vaccinated or show a negative test as a condition…