Child Custody
Video: Mother Doesn’t Visit, Child Custody Order Not Modified
Bronx family lawyer comments on Supreme Court’s recent decision on international child custody
A Supreme Court case decided on February 19, 2013, Chafin v. Chafin, concerns the matter of an international child custody case. The girl’s father and mother fought for custody of their daughter under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (ICARA). This agreement, signed…
Read MoreVideo: Children’s Opions Had Special Weight In This Case
Bronx family lawyer discusses father’s attempts to become a fit parent
A New York Court ruled to modify a child custody order after finding that the father was making reasonable steps to be a better parent, as discussed in a January 22, 2013 New York Law Journal article. Originally the court held that the father was unfit to have custody of his child after finding that…
Read MoreNew York panel rules that mother is entitled to a child custody hearing with abuse issues are raised
A New York panel reviewed and agreed to hear a mother’s petition after the Family Court denied her custody petition, as reported by the New York Law Journal in a December 24th, 2012 article. The Family Court refused to hear the mother’s request to modify a prior custody order. The original custody order granted primary…
Read MoreNew York court denies modifying child custody order after mother fails to show up
New York mother sought to hold her child’s father in contempt for willfully violating a visitation order, as reported by the New York Law Journal in a December 17, 2012 article. While both parents had joint legal custody, the father had physical custody and the mother had reasonable visitation rights. The visitations were to take…
Read MoreBronx child custody attorney comments on mother’s parental rights terminated
The children were removed on the grounds that both parents had abandoned and/or permanently neglected their children. This led to their parental rights being terminated by the court, however, both parents appealed this decision. Although the court ruled in favor of the mother’s appeal, but the father’s rights are still subject to termination. The father…
Read MoreChildren’s opinions carry weight in child custody battle
A New York judge allowed the opinions of a divorced couple’s 14 and 11 year old boys to be heard in deciding parent they would like to live with. According to a September 11, 2012 New York Law Journal article the presiding judge over the custody battle allowed the boys to give their thoughts on…
Read MoreJudge Denies Claim after Administration for Children’s Services is unable to corroborate
A Family Court Judge has decided that there should not be a further finding based on a claim that a teenage girl that disappeared during the middle of the trial on the basis that she was sexually abused when she was a child. New York Administrative of Children Services sticks to the claim that the…
Read MoreMedical records allowed to be submitted as evidence in child custody dispute
A same-sex couple battled over the best interest of their child in a heated child custody battle, as reported by the New York Law Journal in an October 25, 2012 article. As the custody dispute went on, one of the ex-partners requested that the other partner’s medical records be subpoenaed. The pair fought over whether…
Read MoreMother and child relocate away from father
A New York ex-couple fought in the court system over whether their child was allowed to relocate with his mother outside of the state, as reported by the New York Law Journal in an October 12th, 2012 article. Both of the parties had resided in Rockland County, NY for a long period of time and…
Read MoreMultiple false allegations leads the court to grant sole child custody to the father
A father was granted sole legal and physical custody of his daughter after the child’s mother made multiple false reports that the father had sexually abused their daughter, as reported by the New York Law Journal in a September 7th, 2012 article. After reviewing all of the petitions regarding these issues, including those made by…
Read MoreA father who denied paternity ends up gaining full custody
A New York mother lost her petition to the child’s father who denied paternity, as reported by the New York Law Journal in a September 14, 2012 article. Upon learning that he was the biological father both the mother and father petitioned seeking sole custody of the child. After reviewing the submitted evidence and documents…
Read MoreFamily court’s semi-centennial
In New York State, there is a family court located in each of its five boroughs, in addition to the numerous family courts that are located upstate. Today New York City’s family court, which handles disputes that include but not are not limited to divorce, child abuse, child support, paternity, adoptions, and order of protections…
Read MoreReligious court’s findings upheld in a child custody case by the New York family court
A New York husband sought to have a religious court’s arbitration ruling overturned, as reported by the New York Law Journal on August 17th, 2012. The New York court ruled that the court would have jurisdiction to hear and determine issues regarding child custody and child visitation. However the court found that the arbitration, although…
Read MoreNew York Court rules that retracting parentage of child is not in their best interest
A teen mom’s petition to rescind her affidavit of parentage was rejected by an upstate New York judge because it was not in the best interest of the child, as reported by the New York Law Journal in an August 9th, 2012 article. The teen claimed that at the time of the affidavit she was…
Read MoreBronx child custody attorney discusses why New York court reversed mother’s visitation rights
A New York Family Court decision to allow a mother to have unsupervised visitation to her baby girl was reversed after review by an appeals court, as reported by the New York Law Journal in an August 3, 2012 article. The child had been removed from the mother’s care after sustaining an injury to her…
Read MoreLawyer found not to have committed ex parte communication during a child custody proceeding
A Brooklyn appeals courts ruled that a Long Island attorney’s disqualification was not justified and that he did not engage in inappropriate ex parte conversations, as reported by the New York Law Journal in a July 30th, 2012 news article. During a child custody proceeding the attorney was accused by the mother of having inappropriate…
Read MoreFailing to follow custody arrangement can result in change of custody for one parent
A couple got divorced and they had a child visitation schedule to follow however the mother refused to follow it and this gave the father sole legal custody, as reported by the New York Law Journal in an August 16th, 2012 news article. The father allowed the mother to move with the child to South…
Read MoreBronx child custody attorney comments on New York court holding their judgment for federal review
A New York Family Court’s decision was reserved due to a federal action filed in the same manner, as reported in an August 7th, 2012 New York Law Journal article. A mother residing in New York with her two children sought full custody in a New York court. The father motioned for the petition’s dismissal…
Read MoreVideo: Bronx Divorce Lawyer On Child Kidnapping
Exception in a will requires marriage to birth mother by gay father to receive inheritance
A wealthy Long Island, New York man passed away in 2007 leaving large amounts of money to his grandchildren and their decedents. One catch in the will, though, might exclude one grandchild. That grandchild is the son of a gay couple and was born to a surrogate mother according to the August 27, 2012 edition…
Read MoreVideo: Bronx Divorce Lawyer In New York & Texas
Divorced mother prevents father’s visitation rights, looses custody of daughter
A woman was allowed to move to South Carolina with her daughter as divorce proceedings allowed. The father of the girl was allowed visitation rights, but the mother blocked all of them, except for one, in 2010 as reported by the New York Law Journal in an August 16, 2012 article. Supposedly, the mother kept…
Read MoreVideo: Bronx Divorce Lawyer on Hage Convention & Child Custody
“TROUBLING†CONDUCT BY PARENT DOES NOT EQUAL NEGLECT HOLDS THE COURT
In Matter of Hannah U., 511618, the Appellate Division, Third Department held that though a person may not be an ideal parent, does not mean that he is an unfit parent. A father’s status as a Level II sex offender who had violated his probation by falsifying attendance records to Alcoholic Anonymous, did not lose…
Read MoreCan a family have more than 2 parents? California to vote
A bill that challenges the traditional definition of a family passed in the California state Senate and is now in the state Assembly. This bill would allow a child to have more than two parents according to a July 10, 2012 Fox News online article. According to a statement by the bill’s sponsor, it is…
Read MoreFamily Court rules that they cannot overturn protection order
The New York family court ruled that they did not have the authority to override a criminal court order, as reported in a June 22nd, 2012 New York Law Journal article. A mother seeking custody rights of her children had to be turned down by the New York family court after learning that she had…
Read MoreNew York father denied child custody modification for being unstable
A Queens County, New York father was denied his petition to modify child custody after the court found that he was unstable, as reported in a June 22nd, 2012 New York Law Journal article. The father petitioned the court claiming that the mother was mentally and verbally abusing their child. The father requested the court…
Read MoreBronx divorce attorney comments on husband going pro se in case
A New York Court ruled that a party in a divorce representing himself should have been given a full copy of a forensic report regarding his divorce. Although the court found that it was an error they determined that it was harmless and not enough to dismiss the action, as reported by a New York…
Read MoreNew York Court of Appeals Deny Visitation Where Parent Has Lost Rights After Contested Termination Proceeding
New York Court of Appeals held that after a parent’s rights have been terminated in a contested proceeding, judges do not have the authority to order visitation with children, as reported by the June 8, 2012 issue of the New York Law Journal. This view was previously held by the First and Third Departments and…
Read MorePolitical pressure added to Japan to join the Hague Convention for child custody cases
After several years of increasing political pressure Japan has taken a step closer to joining the international child-custody agreement, as reported by in a New York Times news articled published May 20th, 2011. The 1980 Hague Convention on the Civil Aspects of International Child Abduction Act is an act signed and ratified by the United…
Read MoreAfter custody battle ruling, mother cannot take daughter to Texas
A mother wanted to move with her daughter to Texas, where she claimed to have a job, but a New York appellate court ruled otherwise. An article in the June 12, 2012 New York Law Journal discussed the child-custody battle between the two parents. The court ruled in a narrow majority that the mother could…
Read MoreCustodial parent found guilty of kidnapping
A New York Court of Appeals decision reported in the New York Law Journal on June 1, 2012 decided that a parent, even with custodial rights over his or her child, can be found guilty of kidnapping. In the case, People v. Leonard, the father of a 6-week-old baby held his baby hostage with a…
Read MoreDivorce ceremonies: An option for couples with children to symbolically end their marriage
Weddings are joyful celebrations. Traditional or not, they are festive. Divorces are not easy times for families, especially when children are involved. That is where divorce ceremonies come into place as discussed by a June 18, 2012 TODAY article. A divorce ceremony offers a symbolic way for couples to part but to affirm their commitments…
Read MoreBronx family attorney discusses forming a child custody agreement
Bronx family attorney discusses forming a child custody agreement Child custody cases are tough on all parties involved. Overall the court system has taken the standard that these cases should be resolved in the best interests of the child, but what happens if the child’s interests changes with age? A May 19th, 2012 New York…
Read MoreChild has choice on which parent the court should favor in custody dispute
New York court ruled a custody case to be a mistrial after the child and the child’s counsel disagreed on what was in the best interest of the child, as reported by The New York Law Journal in a December 12th, 2011 article. During the trial the courts allowed the fourteen year old child to…
Read MoreGrandparents seeking adoption must satisfy special standard requirement
The New York family court ruled that special circumstances are required to be met when a grandparent seeks custody rights of their grandchildren, as reported by the New York Law Journal in a December 2, 2011 article. A New York grandmother sought to gain full custody rights of her twin granddaughters after their mother’s boyfriend…
Read MoreFrance wins jurisdiction in child custody battle over New York
A New York court ruled against an ex-husband and granted France jurisdiction over a pending child custody dispute, as reported by The New York Law Journal in a September 19th, 2011 article. The ex-husband argued that his ex-wife had fraudulently obtained a passport for their child and took extreme measures to prevent him from following…
Read MoreNew York juvenile court system may get a makeover
The New York court system as always taken a harsh approach on disciplining juveniles who have found themselves in the legal system, but the chief judge may soon be softening the system, as reported in a September 20th, 2011 New York Times article. In New York juveniles especially those who are closer to the age…
Read MoreBronx Family lawyer comments on New York court terminates all parental rights
A New York Family Court found that it was in the best interest of the child to have the mother’s parental rights terminated, as reported by the New York Law Journal in an August 15th 2011 article. The mother and the maternal grandmother of the child both petitioned the New York Family Court in an…
Read MoreCourt rules that child custody case must be brought in child’s home state.
A Brooklyn Family Court judge dismissed a woman’s petition for child custody on the grounds that New York did not have proper jurisdiction, as reported in a September 2nd, 2011 New York Law Journal article. The plaintiff petitioned the New York courts seeking child custody of a child that she mothered with her same sex…
Read MoreMother petitions for modification of child custody so known killer cannot live with her sons
It is said that a mother has a natural instinct to protect her children from any harm. So when Trisha Conlon learned that her ex-husband was living with a woman, Kristine Crushing, who had killed her own two children years ago Ms. Conlon’s motherly instincts kicked into high gear, as reported in a New York…
Read MoreFamily court judge rules that party in civil union does not have obligations to partner’s child
A New York judge ruled that a party in same-sex union did not have any obligations to the union’s child, as reported in an August 1st, 2011, New York Law Journal article. The same-sex couple entered into a civil union, during which one of the parties adopted his biological niece in 2005 with the…
Read MoreBronx divorce lawyer blogs on having child-custody battle in Japan
Japan is working towards strengthening the rights of foreign parents who are in international child-custody disputes. Japan’s government is currently working to ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Japan is one of only seven nations who have not joined the convention, which restricts a foreign parent from…
Read MoreBronx family attorney blogging about New York child custody modification case, McMahan V. McMahan
The New York Law Journal reported May 20th, 2011, that the court ruled in favor of the father in the child custody case, McMahan v. McMahan, 000399/05. The father had petitioned for a modification of the child custody order on the grounds that he believed the mother had been acting neglectful towards their two…
Read MoreBronx family attorney comments on New York Family Court denying father the right to file another petition
After a father petitioned the New York Family Court roughly 16 times over the last eight years the presiding Family Court judge has ruled to restricted his ability to petition further on the subject matter, reported the New York Law Journal on May 31st, 2011. The judge stated her reasoning was that the eight…
Read MoreBronx Family Lawyer comments on child custody battle over relocating
An Appellate court found itself split on whether a mother would be allowed to move her 6-year-old boy across the country to California against the New York father’s wishes. The New York Law Journal reported on June 3rd, 2011, that the justices were full of strong opinions and emotions regarding the outcome of the…
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