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…
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…
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…
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…
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…