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…
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…