In this appeals court case, the court considered whether the Supreme Court properly awarded a grandmother visitation rights with her grandson pursuant to New York Domestic Relations Law § 72(1). Under New York’s Domestic Relations Law, when a grandparent seeks visitation, the court must first determine whether the grandparent has…
New York Family Law Blog
Court Denies Petition to Set Aside an Acknowledgment of Paternity – Merritt v. Allen, 99 A.D.3d 1006 (N.Y. App. Div. 2012)
In this case the court was asked to set aside an acknowledgement of paternity, direct a paternity test, and discontinue child support payments. The mother responded by filing a motion to dismiss the petition. Not surprisingly, the court denied the petitioner’s request and granted the mother’s motion to dismiss. Typically…
Court Will Suspend Visitation Where It Has Been Detrimental to the Child’s Mental State – Lupo v. Rainsford, 162 A.D.3d 1032 (N.Y. App. Div. 2018)
In this case a father appealed a decision of the Family Court to suspend his visitation. The original custody order followed the parents’ divorce. The father was granted visitation. The order was later modified requiring that the father’s parental access had to occur in a public place. The mother again…
Right of Biological Mother to Seek Custody of Children She Surrendered – Beverly L. v. James H. (In re Custody/Visitation Proceeding), 2016 NY Slip Op 26243 (N.Y. Fam. Ct. 2016)
The issue before the court is whether a parent who adopted out her children had the right to seek custody of them upon learning that the children were being sexually abused by the adoptive father. The petitioner voluntarily surrendered her parental rights to her three children, 2 daughters and a…
Grandmother Brings Motion for Visitation to New York Courts
D.E. v S.F. & T.E. The motion to dismiss for lack of standing filed by the defendants, and dismissal of visitation rights filed by the plaintiff are denied. The plaintiff’s cross motion is granted in part and denied in part. In February of 2018, the petitioner who lives in Nassau…
Mother Appeals Judgment Denying Full Legal Custody
Matter of T v C Decision Pursuant to the Family Court Act, Article 6, a mother appeals from a Family Court order dated 1/10/18. The order granted the father’s petition for sole physical and legal custody, and awarded the other partial access, but denied her sole custody. Order is Affirmed.…
Couple Get into Custody Dispute Due International Travel, New York Appellate Court Affirms Supreme Court Decision
C vs C This case was filed for divorce and ancillary relief. The defendant appeals a prior judgment dated March 24, 2014. In that decision, the order denied the defendant’s cross-motion which was to use one-third of the child’s time spent in Israel visiting with the paternal grandmother. The prior…
Party Seeks Credit of Child Support for Education Expenses
KG v G NY Slip Op 04278 Pursuant to Section 50011 of the Rules, this case was affirmed with costs. Much like the appellate opinion and in consideration of a substantial downward departure from support set out in the Child Support Standards Act, this court can’t say the Supreme Court…
Court Rules on Violation of Temporary Orders for Protection
T v T In this case, the family court determined that the Respondent violated two temporary Orders for Protection. It was found that the court acted properly in entering an order for protection after these findings. The Petitioner filed an offense petition against the Respondent, She received a temporary Order…
Court Discussed Alleged Mistreatment of Child During Shoplifting Incident
Matter of N. v NY Office of Children & Family Services June 18, 2018 NY Slip Op 04379 The court rules that this decision should be reversed, and the petition dismissed without costs. Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent…