New York Family Law Blog

Published on: September 8, 2024

Court found sister violated protection order through harassment and menacing but removed residence exclusion. Nicholas A. v. Lillian A., 175 A.D.3d 1205 (N.Y. App. Div. 2019)

by Stephen Bilkis

Disputes between family members can escalate to the point of requiring legal intervention. In Nicholas A. v. Lillian A, the Family Court addressed allegations of harassment and menacing between siblings sharing a residence.

Background Facts

The petitioner, the brother, had previously obtained an order of protection against his sister from the Family Court. This order was issued following allegations of family offenses, including harassment and menacing. Despite the order, the petitioner claimed that the sister continued to engage in threatening and harassing behavior, prompting further legal action.

Published on: September 6, 2024

Father found to have neglected his children due to them witnessing his abuse of their mother. In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d 916 (N.Y. App. Div. 2017)

by Stephen Bilkis

Domestic violence cases commonly involve violence between intimate partners, with one partner assaulting the other. While one victim is always the person who has been directly physically abused, other victims can include any children who witness the abuse. In the case of In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d 916 (N.Y. App. Div. 2017), the Administration for Children’s Services (ACS) initiated a neglect proceeding in Family Court, Queens County, against a father, alleging that he had neglected his child by exposing her to domestic violence. After a fact-finding hearing, the court ruled that the father had indeed neglected the child. The father appealed the ruling, disputing the findings. This case presents an examination of the standard for proving neglect under New York law and how domestic violence can impact a child’s well-being.

Background Facts

In March 2015, ACS brought an action against the father, accusing him of neglect. According to the allegations, the father subjected the child’s mother to domestic violence in the presence of the child. Under New York law, exposing a child to domestic violence can constitute neglect if it leads to harm or imminent risk of harm to the child’s physical, mental, or emotional condition.

Published on: September 6, 2024

Court awarded sole custody to mother due to father’s actions. In re Amanda R., No. 2021-04095 (N.Y. App. Div. Jun. 24, 2021)

by Stephen Bilkis

In custody disputes, courts focus on the best interests of the child when determining which parent should be awarded custody. The “best interests of the child” standard is the guiding principle in custody cases. Courts evaluate which arrangement will most effectively promote the child’s well-being, stability, and development. Factors include the child’s relationship with each parent, the ability of each parent to meet the child’s physical and emotional needs, any history of abuse or neglect, and the parents’ ability to foster a positive relationship with the other parent. Courts also consider the child’s preferences, depending on age and maturity, and ensure decisions prioritize the child’s safety, health, and overall happiness. Each case is unique and evaluated on its specific circumstances.

Background Facts

The mother and father in this case were involved in a contentious custody dispute. The parties shared a child, and the father sought to retain a significant role in the child’s life. However, evidence presented during the hearing revealed issues with the father’s ability to effectively co-parent and prioritize the child’s best interests.

Published on: September 4, 2024

Court addressed jurisdictional issues in a child custody case. Katz v. Katz 68 Misc. 3d 1228 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

Child custody disputes with jurisdictional issues present significant challenges, especially when the children have been residing in a state other than New York. One of the primary challenges is determining which state has jurisdiction over the case, as this impacts various aspects of the legal proceedings, including custody determinations and child support orders.

When children have been living outside of New York, the issue of “home state” jurisdiction arises under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Establishing the “home state” is crucial because it dictates which state’s courts have primary jurisdiction over custody matters. However, when children have resided in a different state for an extended period, as in this scenario, determining the “home state” becomes complex and may require careful examination of the children’s residency history.

Furthermore, conflicting claims of residency between the parents add another layer of complexity to jurisdictional disputes. In cases where one parent asserts residency in New York while the other claims residency in another state, the court must carefully evaluate the evidence presented by both parties to determine the children’s primary residence and the state with the most significant connections to their lives.

Published on: September 2, 2024

Does spousal support obligation survive death? Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020), the Supreme Court, Monroe County, considered whether a spousal support order survived the death of the payee spouse. In other words, the court considered whether during a divorce proceeding, the payor spouse was required to continue to pay support to the estate of their deceased spouse. This is an issue that most people may not think about during the divorce process.

Background Facts

The legal proceedings began with a divorce claim initiated by a wife. However, the wife passed away during the process due to severe health issues while confined to a nursing home. Consequently, the divorce action was converted into a spousal support proceeding under Article 4 of the Family Court Act.

Published on: August 28, 2024

Whether a man could claim paternity, despite the child having a father-child relationship with another man. Yaseen S. v. Oksana F., 214 A.D.3d 883 (N.Y. App. Div. 2023)

by Stephen Bilkis

In, Yaseen S. v. Oksana F., 214 A.D.3d 883 (N.Y. App. Div. 2023), a case before the Family Court of Richmond County, Yaseen S. appealed a decision denying his paternity petition and petition for visitation with a child. The court granted the attorney for the child’s petition to adjudicate another man, Yuriy K., as the father of the child.

Background Facts

Yaseen S. initiated legal proceedings under Family Court Act Article 5 to establish his paternity regarding the subject child and simultaneously filed a petition under Article 6 seeking visitation rights. These actions reflect his desire to assert his parental rights and establish a relationship with the child. Concurrently, the attorney representing the child initiated proceedings to adjudicate another man, Yuriy K., as the father of the child. This action suggests a legal challenge to Yaseen S.’s claim of paternity.

Published on: August 26, 2024

Cohen v. Escabar 219 A.D.3d 726 (N.Y. App. Div. 2023)

by Stephen Bilkis

In Cohen v. Escabar 219 A.D.3d 726 (N.Y. App. Div. 2023), Louis Escabar, a minor, appealed from an order of protection issued against him, dated June 28, 2021. The order stemmed from a family offense proceeding initiated by Jamie Cohen against her ex-boyfriend, Escabar.

An individual under the age of 18 is considered a minor or an infant in legal terms. When a minor is involved in a legal matter, they typically require representation by a parent, guardian, or a guardian ad litem appointed by the court. This representation ensures that the minor’s interests are adequately protected during legal proceedings.

If a minor does not have a parent or guardian available to represent them, the court may appoint a guardian ad litem to act on the minor’s behalf. A guardian ad litem is a person appointed by the court to represent the best interests of the minor and make decisions on their behalf during the legal process.

Published on: August 21, 2024

Celinda JJ. v. Adrian JJ. 2021 N.Y. Slip Op. 5900 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

When it comes to whether a parent will be permitted to relocate with a child, the court will make a determination as to to whether it is in the best interests of the child. While the case can become more complicated where a parent is incarcerated and grandparents oppose relocation, the inquiry is the same: What is the in best interests of the child.

Background Facts

Celinda JJ. v. Adrian JJ. 2021 N.Y. Slip Op. 5900 (N.Y. Sup. Ct. 2021) involves a mother and father with four children. The father was convicted of rape against the mother and another female, resulting in a 15-year prison sentence. Seeking permission to relocate to South Carolina, the mother initiated legal proceedings. In a separate case, the paternal grandmother’s request for custody and visitation was denied, granting the mother sole legal and primary physical custody. A hearing was set to consider the relocation petition.

Published on: August 19, 2024

Applicability of equitable estoppel in a paternity case. Danielle E.P. v. Christopher N., 2022 N.Y. Slip Op. 4841 (N.Y. App. Div. 2022)

by Stephen Bilkis

At the center of the case of Danielle E.P. v. Christopher N., 2022 N.Y. Slip Op. 4841 (N.Y. App. Div. 2022) is a child born in September 2016, whose biological father’s identity was at issue. The court was asked to determine whether the doctrine of equitable estoppel should be applied.

The doctrine of equitable estoppel operates to prevent a party from asserting a legal claim or right when it would be unjust or unfair to allow such assertion due to that party’s prior actions, representations, or silence. In the context of paternity proceedings, equitable estoppel may be invoked to preclude a mother from asserting the biological paternity of a child when she has fostered a close relationship between the child and another father figure and it would be detrimental to the child’s welfare to disrupt that relationship. Essentially, equitable estoppel aims to prevent injustice by preventing a party from taking advantage of their own conduct to the detriment of another party who has reasonably relied on that conduct.

Background Facts

Published on: August 15, 2024

Court addressed wasteful dissipation, granting husband $150,000 credit against wife’s marital property share. D’Ambra v. D’Ambra, 2024 N.Y. Slip Op. 1291 (N.Y. App. Div. 2024)

by Stephen Bilkis

In divorce cases, the division of marital property can raise disputes about fairness and accountability. In a recent case, the court addressed claims of wasteful dissipation of marital assets, which impacted the equitable distribution of property between the spouses.

Background Facts

The parties were married in January 2007 and shared a marital residence in Queens, New York, as well as a rental property in Florida. The plaintiff paid all marital expenses while the defendant did not earn an income during the marriage. The couple had no children together, but the defendant’s adult son from a previous relationship lived with them starting in 2011.