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New York Family Law Blog

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New York recognizes the same-sex of marriage validly entered into outside of New York. Beth R. v. Donna M., 853 N.Y.S.2d 501 (2008)

At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage.  Just like…

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Separation and Property Settlement Agreement Prepared by Mediator Was Not Unconscionable- Irizarry v Hayes, 2020 NY Slip Op 50217(U)

In this case the Supreme Court considered whether the terms of a separation agreement prepared by a non-attorney mediator were unconscionable and as a result should be voided. A separation agreement is a document agreed to by a husband and wife in which they agree to the conditions related to…

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Despite Child’s Wishes, Non-Custodial Father Granted Visitation- Matter of Byron M. v Sasha A., 2020 NY Slip Op 02243 (N.Y. App. Div. 2020)

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…

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Appellate Division Reversed Family Court Decision Denying Mother’s Request for Visitation Modification- Matter of Jessica D. v Michael E.2020 NY Slip Op 02133 (N.Y. App. Div. 2020)

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…

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Change of Custody to Father Not in Children’s Best Interest Despite Alienation by Mother- Matter of Eddie S. v. Sylvia S., 2020 NY Slip Op 50296(U)

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…

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Finding of Permanent Neglect Warranted Where Mother Failed to Take Diligent Steps to Strengthen Parental Relationship – In re Lamani C.H., 2020 NY Slip Op 349 (N.Y. App. Div. 2020)

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…

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Petitioners who Cannot Demonstrate a Sufficient Nexus To the Child Do Not Have Standing to Petition the Court for Guardianship – In re A.W.J., 2019 NY Slip Op 29328 (N.Y. Fam. Ct. 2019)

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…

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Grandmother Who Established Loving Relationship with Grandchild Has Standing to Bring Petition for Visitation- Of v. S.F., 61 Misc.3d 959 (N.Y. Cty. Ct. 2018)

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,…

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Court Did Not Err in Deciding to Seek Adoption Placement for Children of Mother Struggling With Substance Abuse – In re Nevaeh L., 2019 NY Slip Op 8329 (N.Y. App. Div. 2019)

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…

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When Considering A Child Support Modification the Court Will Consider Factors Other than Voluntary Job Loss – Vetrano v. Vetrano, 2019 NY Slip Op 8415 (N.Y. App. Div. 2019)

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…

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