Jurisdiction over a custody decision is typically determined based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) guidelines, which prioritize the child’s “home state” as the primary jurisdiction for custody matters. The “home state” is defined as the state where the child has resided with a parent or…
Background Facts In July 2021, the Family Court of Onondaga County awarded the petitioner, the father, sole legal and primary physical custody of the children involved. Additionally, it provided the mother with supervised visitation rights, stipulating that the specifics of these visitations be mutually agreed upon by both parents. This…
In Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020, the Appellate Division consider a case where a husband challenges having to pay his spouse support. In New York, the Family Court determines spousal support during divorce proceedings by carefully considering various factors related to the financial circumstances of…
In Daniel FF. v. Alicia GG., 207 A.D.3d 853 (N.Y. App. Div. 2022), a case before the Family Court of Ulster County, a petitioner sought to challenge an acknowledgment of paternity issued shortly after the birth of a child. The court’s decision centered on the doctrine of equitable estoppel. In…
Supervised visitation visits refer to a type of visitation where a third party, such as a social worker or designated family member, is present during the parent’s time with the child. This is done to ensure the child’s safety and well-being while maintaining a controlled environment for the parent-child interaction.…
Interference with visitation rights in New York is a serious matter that can occur in various family dynamics, not limited to disputes between parents. While it often arises in the context of parental visitation arrangements, where one parent obstructs the other’s court-ordered visitation with their child, it can also extend…
Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) is an appeal from a an order issues in a Family Court Act article 6 proceeding. A Family Court Act Article 6 proceeding refers to cases handled under Article 6 of the New York Family Court Act, which covers matters related…
In Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022), an order of protection was issued against the respondent, directing him to stay away from the petitioner until June 10, 2023. The order stemmed from a fact-finding determination that the respondent committed the family offenses of second-degree…
In In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022), the father appeals from an order dated January 13, 2022, which imposed restrictions on his parental access to his children. The court directed that the father could only have supervised access and prohibited him from being…
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws enacted in all 50 states of the United States, including New York, to provide a legal framework for determining which state has jurisdiction over child custody matters. The primary aim of the UCCJEA is to prevent…