New York Family Law Blog

Published on: August 4, 2025

Father Granted Permission to Relocate with Children to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

by Stephen Bilkis

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case addressed the legal standard for relocation, the factors courts must consider when a custodial parent seeks to move with children, and how the evidence presented can affect the court’s determination. It also involved questions about the economic, educational, and family support implications of relocation, as well as how parental access schedules can be adapted to maintain the noncustodial parent’s relationship with the children.

Background Facts
The parents, who were never married, had two children, born in 2012 and 2016. In April 2017, they entered into a so-ordered stipulation of settlement that gave the father sole legal and residential custody of the children. The stipulation provided the mother with supervised parental access.

The father and children lived in a home in New York that belonged to the father’s grandmother. In November 2021, the father filed a petition to modify the 2017 stipulation to allow him to relocate with the children to South Carolina. He testified that he could no longer continue renting his grandmother’s house and that the mother contributed only $25 per month in child support for both children.

Published on: August 2, 2025

Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

by Stephen Bilkis

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule.

Background Facts

S.S. and M.S. are the parents of four children born in 2013, 2015, 2017, and 2021. Starting in December 2021, the parties engaged in extensive litigation involving custody, visitation, and family offense petitions. A temporary order of protection was initially issued in favor of the father and the children. This was later modified to allow the mother parenting time.

Published on: July 9, 2025

Custody Modification Awarding Father Primary Physical Custody. Matter of Andrea II. v. Joseph HH., 2022 NY Slip Op 01492

by Stephen Bilkis

The case of Matter of Andrea II. v. Joseph HH. involved two custody modification petitions filed by both parents of a child born in 2014. The matter required the court to decide whether there had been a change in circumstances since a prior custody order, and if so, what custodial arrangement would serve the child’s best interests. Both parents had a history of substance abuse, and the court evaluated each parent’s current circumstances, their ability to provide stability, and the child’s needs before deciding primary physical custody.

Background Facts
In June 2018, the parties entered a consent order granting joint legal custody to both parents. The child’s paternal grandparents had primary physical custody. The mother had supervised parenting time every other week, supervised by the maternal grandmother. The father’s parenting time was supervised by the paternal grandfather as agreed between them.

In October 2019, the mother sought to modify the order to grant her sole custody with supervised visitation to the father. In February 2020, the father filed a petition seeking full custody, citing his sobriety and stable home. The mother amended her petition, alleging changes in circumstances, including the loss of her alternate week visitation after the child began school in Binghamton near the paternal grandparents’ home.

Published on: May 14, 2025

Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

by Stephen Bilkis

Failing to allow visitation in accordance with a court order can lead to serious legal consequences. The court may find the violating parent in civil contempt, which can result in penalties such as makeup parenting time, fines, or even jail time. Continued noncompliance may also affect custody arrangements, with the court potentially modifying custody in favor of the other parent. Violating visitation orders can harm the parent-child relationship and is viewed as interfering with the child’s best interests. Courts expect both parents to follow all custody and visitation orders unless a judge has approved a modification or suspension through proper legal channels.

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule.

Background Facts

Published on: April 21, 2025

Court Rejected Visitation Evaluation Request After Child Abuse Allegation. Matter of Z.V. (J.V.), 2025 NY Slip Op 50100(U)

by Stephen Bilkis

In New York, corporal punishment by a parent is not automatically considered abuse or neglect. The law allows for reasonable physical discipline, but when the actions of a parent result in physical injury or pose a risk to a child’s physical or mental health, they may cross the line into neglect. In Matter of Z.V. (J.V.), the Family Court considered whether a father accused of physically harming his daughter should be allowed court-ordered visitation with her. The court also addressed whether an outside evaluator should assess the possibility of visits. This case highlighted how visitation decisions in neglect proceedings focus on the child’s safety and well-being.

Background Facts

On May 31, 2024, the Administration for Children’s Services (ACS) filed a neglect petition under Article 10 of the Family Court Act. The petition was filed on behalf of 12-year-old Z.V. against her father, J.V. According to ACS, on May 22, 2024, the father entered the bathroom where the child was and told her to “square up.” He took her laptop and provoked her to retrieve it. During the confrontation, he allegedly placed the child in a chokehold and wrestled her to the floor. The child reported that she struggled to breathe and felt like she was about to die.

Published on: April 21, 2025

Court Weighed Whether to Allow Visitation Assessment in Pending Neglect Case. Matter of Z.V., Docket No. NN-xxxxx-24

by Stephen Bilkis

In New York, parents may discipline their children, including using reasonable corporal punishment. However, when that discipline becomes excessive or causes harm, it can cross the line into child neglect or abuse under the Family Court Act. When the Administration for Children’s Services (ACS) receives a report of suspected child neglect involving physical force, it can file a petition under Article 10 of the Family Court Act. In Matter of Z.V., the court was asked to decide whether a father accused of using excessive force against his child should be permitted to have a professional evaluate whether visitation should occur.

Background Facts

On May 31, 2024, ACS filed a neglect petition against the respondent father, J.V., on behalf of his 12-year-old daughter, Z.V. The allegations centered on an incident that occurred on May 22, 2024. According to the petition, the father entered the bathroom and told the child to “square up.” He then took her laptop and encouraged her to try to take it back. When she attempted to retrieve it, the father allegedly placed her in a chokehold.

Published on: April 14, 2025

Court Dismissed Neglect Petition Against Mother. Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U)

by Stephen Bilkis

In New York, parents are legally permitted to discipline their children using reasonable corporal punishment. However, when that punishment causes injury or creates a risk of harm, it may be considered abuse or neglect under the Family Court Act. In Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U), the court considered whether a mother’s alleged physical discipline of her child crossed that legal line. The case arose after a report was made to child protective services regarding an incident that led to visible bruising on the child’s arm. The court conducted a detailed hearing to determine whether the conduct amounted to neglect.

Background Facts

The case began on February 9, 2024, when ACS filed a neglect petition against the respondent mother, J.H., regarding her child, A.H. A day earlier, the child’s father, who was not named as a respondent, filed a family offense petition based on allegations that the mother had used excessive corporal punishment. The court issued a temporary order of protection and ACS followed by filing a neglect petition. ACS alleged that on February 1, 2024, the mother hit the child on his right arm, causing a bruise. The child reportedly asked for an ice pack at school on February 6 and showed the bruise to a school nurse. ACS sent a child protective specialist (CPS) to investigate.

Published on: April 7, 2025

Request to Amend Child Maltreatment Report Denied. Matter of Johnny S. v New York State Off. of Children & Family Servs. 2025 NY Slip Op 01852

by Stephen Bilkis

In New York, the Statewide Central Register of Child Abuse and Maltreatment (SCR) maintains records of indicated reports of abuse and neglect. These reports can affect a person’s ability to work with children or adopt. In the case of Matter of Johnny S. v. New York State Office of Children & Family Services, the Appellate Division, Third Department, reviewed a challenge to two such reports. The case focused on whether the petitioner had committed child maltreatment, and whether the reports should remain in the SCR.

Background Facts

The case arose after the Albany County Department of Social Services (DSS) investigated allegations that the petitioner, Johnny S., had sexually abused his teenage stepdaughter. The child, born in 2001, made several allegations during the investigation. DSS found the reports to be indicated and filed them with the SCR.

Published on: April 3, 2025

Grandmother’s Right to Seek Custody in New York

by Stephen Bilkis

In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness of the parent, or other situations where it is in the child’s best interest to be placed with someone other than the biological parent. New York’s Family Court Act and case law, including decisions like Matter of Bennett v. Jeffreys, 40 N.Y.2d 543 (1976) and Matter of Suárez v. Williams, 26 N.Y.3d 440 (2015), allow courts to evaluate the child’s best interests in these situations, even when parents are not unfit.

In the case of a grandmother seeking custody, there are several important factors to consider, including the child’s age, the nature of the parent’s involvement, and the best interests of the child.

Case of Rose

Published on: April 2, 2025

Court Ordered Temporary Custody Changes Pending Trial. B.N. v. J.N., 2024 NY Slip Op 51029(U)

by Stephen Bilkis

Child custody cases often present the court with difficult decisions that impact the well-being of a child. In the matter of B.N. v. J.N., the New York Family Court was asked to decide whether temporary changes to a custody agreement were needed after serious allegations were raised and the parenting relationship broke down. The court reviewed claims of interference, abuse, and threats, and issued several interim orders while the case moved toward a full hearing.

In custody matters, courts are guided by the best interests of the child. Judges consider several factors, including the stability of each parent’s home, the history of caregiving, the ability of each parent to support the child’s emotional and developmental needs, and the willingness of each parent to encourage a relationship with the other parent.

Background Facts