The jurisdiction of the New York Family Court encompasses a wide array of familial matters, prioritizing the welfare of children and the resolution of family conflicts. This court has authority over cases involving child custody, visitation rights, child support, and paternity disputes. It also handles matters related to adoption, guardianship,…
Domestic violence cases commonly involve violence between intimate partners, with one partner assaulting the other. While one victim is always the person who has been directly physically abused, other victims can include any children who witness the abuse. In the case of In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d…
Child custody disputes with jurisdictional issues present significant challenges, especially when the children have been residing in a state other than New York. One of the primary challenges is determining which state has jurisdiction over the case, as this impacts various aspects of the legal proceedings, including custody determinations and…
In Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020), the Supreme Court, Monroe County, considered whether a spousal support order survived the death of the payee spouse. In other words, the court considered whether during a divorce proceeding, the payor spouse was required to continue to pay…
In, Yaseen S. v. Oksana F., 214 A.D.3d 883 (N.Y. App. Div. 2023), a case before the Family Court of Richmond County, Yaseen S. appealed a decision denying his paternity petition and petition for visitation with a child. The court granted the attorney for the child’s petition to adjudicate another…
In Cohen v. Escabar 219 A.D.3d 726 (N.Y. App. Div. 2023), Louis Escabar, a minor, appealed from an order of protection issued against him, dated June 28, 2021. The order stemmed from a family offense proceeding initiated by Jamie Cohen against her ex-boyfriend, Escabar. An individual under the age of…
When it comes to whether a parent will be permitted to relocate with a child, the court will make a determination as to to whether it is in the best interests of the child. While the case can become more complicated where a parent is incarcerated and grandparents oppose relocation,…
At the center of the case of Danielle E.P. v. Christopher N., 2022 N.Y. Slip Op. 4841 (N.Y. App. Div. 2022) is a child born in September 2016, whose biological father’s identity was at issue. The court was asked to determine whether the doctrine of equitable estoppel should be applied. The…
Makris v. Makris, 179 A.D.3d 694 (N.Y. App. Div. 2020) is about divorce and maintenance obligations. Spousal maintenance in New York can be terminated under specific conditions defined by state law. One such circumstance is if the recipient spouse remarries, as the obligation to pay maintenance typically ceases upon remarriage.…
Valvo v. Valvo, 218 A.D.3d 909 (N.Y. App. Div. 2023) involves an appeal from the Family Court of Saratoga County regarding a petition to modify maintenance and child support obligations. The dispute arises from a divorce between the petitioner (referred to as the father) and the respondent (referred to as…