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New York Family Law Blog

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Mother challenges modification to custody order. Turkashwand v. Brock, 189 A.D.3d 1428 (N.Y. App. Div. 2020)

Turkashwand v. Brock, 189 A.D.3d 1428 (N.Y. App. Div. 2020) was a case from Nassau County, New York, which involved modifications to custody and parental access. The case addresses an appeal by the mother against several Family Court orders concerning her custodial rights and the allegations against the father. To…

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Court upheld denial of motion to vacate order of protection due to lack of meritorious defense evidence. Thompson-Richmond v. Perez, 157 A.D.3d 801 (N.Y. App. Div. 2018)

In family law cases, orders of protection play a critical role in ensuring the safety and well-being of individuals. The case of Thompson-Richmond v. Perez, 157 A.D.3d 801 (N.Y. App. Div. 2018) demonstrates how the courts evaluate motions to vacate default orders of protection. Vacating an order of protection in…

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Family Court’s authority to modify settlement agreements. Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022)

In Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022), a father appealed an order regarding child support and spousal support payments. The court’s decision, entered on March 6, 2020, addressed objections raised by both parties regarding previous orders issued by a Support Magistrate. Background Facts In…

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Extending a Family Court order of protection due to willful violation. Sicina v. Gorish, 209 A.D.3d 658, (N.Y. App. Div. 2022)

In Sicina v. Gorish, 209 A.D.3d 658, (N.Y. App. Div. 2022) the court considered whether to extend an order of protection. In New York, a family court order of protection may be extended for various reasons, including instances where the order has been violated. When a violation occurs, the court…

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Appellate Division considered whether extraodinary circumstances existed warranting custody by grandparents. Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022)

Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022), involves a question of grandparents rights and the concept of extraordinary circumstances. In the context of a child custody case involving grandparents, “extraordinary circumstances” refers to specific situations or conditions that are deemed exceptional or unusual,…

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Appellate Division ordered a custody modification hearing due to alleged changes in circumstances and caregiving. O’Mahoney v. O’Mahoney, 206 A.D.3d 819(N.Y. App. Div. 2022)

In a matrimonial case involving child custody and economic provisions, the Supreme Court of Queens County addressed the defendant’s request to modify the custody arrangement and to vacate the economic provisions of the divorce judgment. This case underscores how courts evaluate requests for custody modification and challenges to economic terms…

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Where a divorce was finalized in Vermont, can New York Family Court modify the provisions of the divorce decree related to parental access? Etzel v. Freleng 188 A.D.3d 1054 (N.Y. App. Div. 2020)   

In Etzel v. Freleng, 188 A.D.3d 1054 (N.Y. App. Div. 2020), the Appellate Division addressed issues pertaining to jurisdiction in custody disputes where the divorce decree establishing custody was issued in Vermont. Jurisdiction in divorce and custody cases is paramount for ensuring the proper adjudication of legal matters surrounding the…

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Whether the biological father’s consent was necessary for adoption. In re Baby O. 181 A.D.3d 606 (N.Y. App. Div. 2020)

In re Baby O. 181 A.D.3d 606 (N.Y. App. Div. 2020) involves a contested private placement adoption case adjudicated by the Family Court of Suffolk County, focusing on the biological father’s appeal against two court orders. The first order, dated October 25, 2018, determined that the father’s consent wasn’t needed…

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In re Isabela P. (Anonymous) No. 2020-01085 (N.Y. App. Div. Jun. 9, 2021)

A determination of neglect signifies a legal finding that a parent or caretaker has failed to provide adequate care, supervision, or guardianship for a child. It means that the court has concluded, based on the evidence presented, that the child’s physical, mental, or emotional well-being has been impaired or is…

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