A Final Order of Visitation (FOV) in New York is a legal document issued by the court that establishes the specific rights of a non-custodial parent or other party to have visitation with a child. This order outlines the schedule, duration, and conditions under which visitation will occur, aiming to…
In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack…
When parents lose custody of their children, the goal of the Administration for Children’s Services (ACS) is always to permanently place the children in stable family environment. While reunification with bio parents is the best case scenario, adoption is also a positive outcome. Carter v. Admin. for Children’s Servs., 176…
This case involved the termination of a father’s parental rights to his three children, William, Hailey, and Amanda, under Social Services Law § 384-b. The Family Court found that the father was unable to care for the children due to mental illness and had permanently neglected them. The court transferred…
In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute…
In hearings regarding orders of protection, if one party does not show up and does not provide an explanation, the court will typically issue a default order against that absent party. In the case of Troy Barcia in Muhammadu v. Barcia, 100 A.D.3d 904 (N.Y. App. Div. 2012), the issue…
This case involved three related child abuse and neglect proceedings under the Family Court Act, Article 10, in Queens County, New York. The Administration for Children’s Services (ACS) filed allegations against the parents and maternal grandmother of a child named Talia. The Family Court, after a fact-finding hearing, dismissed allegations…
When it comes to abuse of children, the courts look at not only the person who was accursed of inflicting the abuse, but also any individuals who were caring for the child around the time that the abuse occurred. Admin. for Children’s Servs. v. Allison B. (In re Dall. P.),…
In a recent case before the Family Court, Westchester County, a mother appealed an order denying her objections to a prior decision that directed the father to pay child support and spousal support. The court’s decision was based on imputing income to the mother. Imputed income refers to the assignment…
In proceedings under Family Court Act articles 5 and 6, several orders issued by the Family Court of Suffolk County were contested. These orders pertained to issues surrounding paternity, acknowledgment of paternity, and parental access to a child. In a relatively unusual move, the court vacated an acknowledgement of paternity.…