New York Family Law Blog

Published on: September 9, 2019

Grandmother Brings Motion for Visitation to New York Courts

by Stephen Bilkis

D.E. v S.F. & T.E.

The motion to dismiss for lack of standing filed by the defendants, and dismissal of visitation rights filed by the plaintiff are denied. The plaintiff’s cross motion is granted in part and denied in part.

In February of 2018, the petitioner who lives in Nassau County filed a Visitation Petition in Nassau Family Court seeking visitation rights of her grandson. The matter was transferred to Kings Family Court in March of 2018, because the child lives in Brooklyn with his parents.

Published on: June 25, 2019

Mother Appeals Judgment Denying Full Legal Custody

by Stephen Bilkis

Matter of T v C

Decision

Pursuant to the Family Court Act, Article 6, a mother appeals from a Family Court order dated 1/10/18. The order granted the father’s petition for sole physical and legal custody, and awarded the other partial access, but denied her sole custody.

Published on: May 17, 2019

Couple Get into Custody Dispute Due International Travel, New York Appellate Court Affirms Supreme Court Decision

by Stephen Bilkis

C vs C

This case was filed for divorce and ancillary relief. The defendant appeals a prior judgment dated March 24, 2014. In that decision, the order denied the defendant’s cross-motion which was to use one-third of the child’s time spent in Israel visiting with the paternal grandmother. The prior decision also denied without prejudice the portion of the cross-motion which ordered visitation with the paternal grandmother when she was in the U.S.

This court affirms.

Published on: April 24, 2019

Party Seeks Credit of Child Support for Education Expenses

by Stephen Bilkis

KG v G

NY Slip Op 04278

Pursuant to Section 50011 of the Rules, this case was affirmed with costs. Much like the appellate opinion and in consideration of a substantial downward departure from support set out in the Child Support Standards Act, this court can’t say the Supreme Court was in error. Before incorporating the party’s agreement into a judgement, it addressed the provision in question in the framework of a larger agreement and each of the party’s respective finances in a way that secured adequate child support for each child, as the parties originally intended (Domestic Relations Law 240 (1-b[h]). Judges Difiore, Fahey, Rivera, Wilson and Feinman concur. Judge Stien offered his dissent and Judge Garcia agrees.

Published on: March 31, 2019

Court Rules on Violation of Temporary Orders for Protection

by Stephen Bilkis

T v T

In this case, the family court determined that the Respondent violated two temporary Orders for Protection. It was found that the court acted properly in entering an order for protection after these findings.

The Petitioner filed an offense petition against the Respondent, She received a temporary Order for Protection. While that order was pending, the court found that the Respondent had violations on two temporary orders. The court dismissed the family offense order but sustained the violation of the petitions and issued a one year order for protection. The Court of Appeals affirmed.