The Indian Child Welfare Act (ICWA) of 1978 is a federal law designed to protect the best interests of Native American children and preserve the stability and security of Indian tribes and families. While originally enacted to address the alarming rate of Native American children being removed from their families…
Under New York law, incarceration is a possible consequence for the willful nonpayment of child support. This punitive measure is considered a last resort and is typically employed when all other enforcement methods have failed to compel compliance with support obligations. The legal framework governing this area is outlined in…
In family law cases, the welfare of children is always the priority, especially in cases involving abuse or neglect. This case involving George R. and Adalila R.-S. involves issues of abuse, derivative neglect, custody, and access. The Family Court in Nassau County made multiple findings, which were later modified by…
In Orange Cnty. Dep’t of Soc. Servs. v. Al Quran F., the Family Court, Orange County, reviewed allegations of abuse and neglect involving Al Quran F., a person legally responsible for multiple children in his household. The court examined claims of direct abuse and neglect against one child, Kristina I.,…
In Hendershot v. Hendershot, 187 A.D.3d 1584 (N.Y. App. Div. 2020), a father appealed against a court order that increased the mother’s visitation rights with their children. Under New York law, in order for there to be a custody modification, there must be a change in circumstances. A “change in…
In a recent case before the Family Court of New York County, the court affirmed findings that the respondent father willfully violated a support order dating back to 2010. In New York, a willful violation of child support occurs when a parent fails to comply with a court-ordered child support…
In a recent case before the Family Court of Montgomery County, an appeal was made regarding the establishment of paternity for a child born in 2005. The court’s decision, centered on equitable estoppel and the child’s best interests, sparked controversy and led to an appeal by respondent Reymond F. Background…
In a case involving the division of property after a divorce, the defendant appealed an order from the Supreme Court of Queens County, which limited her share of proceeds from the sale of the marital residence to $700,000. The court also denied her request to have the residence recognized as…
In this case, Matter of Angela H. F., the New York Appellate Division, Second Department, addressed issues related to the adoption of a child and the rights of a biological father. The court examined whether the father’s consent was necessary for the adoption to proceed. Although the father sought to…
DeB. v. DeB, 7 A.D.3d 561 (N.Y. App. Div. 2004) involved a dispute between a husband and wife over the paternity of their child. The plaintiff, the husband, appealed a decision by the Supreme Court, Queens County, that denied his request for a paternity test to challenge the presumption that…