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New York Family Law Blog

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Corporal punishment and allegations of neglect. Admin. for Children’s Servs. v. Ketly M. (In re Alven V. ), 143 N.Y.S.3d 577 (N.Y. App. Div. 2021)

In Admin. for Children’s Servs. v. Ketly M, the Family Court of Kings County addressed allegations of child neglect against a stepmother. The case raised questions about the use of corporal punishment and its legal limits. The court found that the stepmother had neglected one child through excessive corporal punishment…

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Mother’s permanency hearing appealed dismissed as moot. Westchester Cnty. Dep’t of Soc. Servs. v. Antoinette W. (In re Malazah W.), 121 N.Y.S.3d 677 (N.Y. App. Div. 2020)

Permanency hearings are critical in child welfare cases, ensuring that children placed in the care of social services have stable and appropriate long-term plans. In Matter of Malazah W. and Malikah W., the Family Court addressed the permanency goal for two children removed from their mother’s care due to neglect.…

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Court vacated family offense and protection orders after default. Gastaldi v. Gastaldi, 2015 N.Y. Slip Op. 882 (N.Y. App. Div. 2015)

A New York family offense order of protection is a legal directive issued by the Family Court to safeguard individuals from abuse or harassment by a family member or someone with a close relationship. It is available in cases involving allegations of domestic violence or family offenses such as assault,…

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Father’s abuse of one child led to derivative neglect findings. In re Joshua J.P. (Anonymous). Admin. for Children’s Servs., 2015 N.Y. Slip Op. 3538 (N.Y. App. Div. 2015)

In a case addressing allegations of sexual abuse and derivative neglect, the Family Court, Richmond County, issued an order that found Alquiber R., Sr., responsible for sexually abusing his stepson, Joshua P., and derivatively neglecting his two biological children, Luis P. and Alquiber R. The decision underscores the court’s role…

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Plaintiff requested termination of spousal support and recalculation of child support. JJ v. TW, 70 Misc. 3d 1225 (N.Y. Sup. Ct. 2021)

In JJ v. TW, 70 Misc. 3d 1225 (N.Y. Sup. Ct. 2021), among other things, the plaintiff requested that the court terminate spousal support. An interesting aspect of New York law when it comes to spousal support modification is that the Family Court Act and the Domestic Relations Law outline…

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In the absence of marriage, without evidence of a formal agreement or financial contribution, there no right to property or financial support. Farre v. Lours, 2020 N.Y. Slip Op. 33963 

Common law marriage is a legal concept that recognizes a couple as married without the need for a formal ceremony or marriage license. It typically arises when a couple lives together for a certain period of time and holds themselves out as married, presenting themselves to others as spouses. In…

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ppellate Division upheld child support and maintenance modifications due to procedural default and emancipation. Feldman v. Feldman, 185 A.D.3d 552 (N.Y. App. Div. 2020)

This case centered on a post-divorce dispute involving modifications to child support and maintenance obligations. The plaintiff appealed orders and judgments that adjusted the defendant’s financial responsibilities, arguing against the decisions rendered by the Supreme Court, Kings County. The appeals revolved around procedural defaults, the emancipation of the parties’ child,…

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Appellate Division affirmed sole custody to the mother due to deteriorated co-parenting and father’s limited involvement. Connell-Charleus v. Charleus, 140 N.Y.S.3d 752 (N.Y. App. Div. 2021)

In a case concerning the custody of a minor child, the Family Court of Kings County addressed a petition to modify the custody arrangement outlined in a Florida judgment of divorce. The court considered whether a change in circumstances warranted granting the mother sole legal and physical custody of the…

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Court restricted a father’s social media posts to protect child’s privacy and family relationships. Walsh v. Russell, 214 A.D.3d 890 (N.Y. App. Div. 2023)

This case involved a dispute between parents over custody of their child, which led to additional issues related to the father’s use of social media. The Family Court addressed concerns raised by the mother and the attorney for the child (AFC) regarding the father’s social media activity, which included sharing…

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Olga P. v. Ioannis Y. 182 A.D.3d 447 (N.Y. App. Div. 2020) 

Navigating the complexities of family law, especially during a marital dissolution involving custody, support, and family offenses, requires a deep understanding of legal procedures and judicial discretion. In a series of decisions spanning from late 2018 to mid-2019 by various judges and courts in New York County, a marital dispute…

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