New York Family Law Blog

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

Published on: March 31, 2025

Court Adjusts Parenting Time in a Child Custody Case. Matter of Chad KK. v. Jennifer LL., 2023 NY Slip Op 04620 (3d Dep’t)

by Stephen Bilkis

In New York, custody decisions are based on what is in the best interests of the child. These cases can involve difficult questions about parenting time, joint legal custody, and changes in a child’s mental and emotional condition. In Matter of Chad KK. v. Jennifer LL., the Appellate Division, Third Department reviewed a Family Court decision that kept joint custody in place but modified the father’s parenting time. The court had to evaluate how to balance the child’s relationship with both parents while considering the child’s emotional well-being.

Background Facts
The father and mother were divorced and had two children. A 2019 custody order gave them joint legal custody. The mother had primary residential custody. The father had parenting time on Mondays after school and on alternating weekends, depending on his work schedule.

In February 2020, the father filed a petition to modify the custody order. He claimed there had been a change in circumstances. Specifically, he pointed to the mother’s recent misdemeanor conviction and concerns about the children’s school attendance. He also claimed that the mother was responsible for damaging his relationship with the children.

Published on: March 24, 2025

Paternal Grandmother Granted Custody After Mother’s Long Absence. Matter of Bhanmattie H. v. Roxanne H., 2017 NY Slip Op 27192

by Stephen Bilkis

In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and present care, the fitness of each party, and the strength of their relationships with the child. In Matter of Bhanmattie H. v. Roxanne H., the Family Court considered whether a grandmother who had cared for a child most of her life should receive custody after the child’s father passed away and the mother regained physical possession of the child.

Background Facts
Sydney, the child at the center of the case, lived in her paternal grandparents’ home from the time she was an infant. Although both parents initially lived there, the mother moved out when Sydney was very young. She briefly took Sydney with her but returned her to the father within two weeks. Sydney then continued living with her father and paternal grandmother.

When the parents divorced in 2011, the mother agreed to give the father primary residential custody. She rarely exercised her visitation rights and provided little to no financial support for Sydney.

Published on: March 17, 2025

Mother Permitted to Relocate with Teen Daughter to California in Custody Dispute – K. v. V., 2024 NY Slip Op 50460(U)

by Stephen Bilkis

In New York, a parent who wants to relocate with a child must show by a preponderance of the evidence that the move will serve the child’s best interest. Courts consider several factors, including the reasons for the move, the relationship between the child and each parent, the impact of the move on the child’s relationship with the noncustodial parent, and whether the move would improve the child’s educational, emotional, or economic well-being.

In K. v. V., the Supreme Court of Kings County considered whether a mother should be allowed to relocate with her teenage daughter from Brooklyn, New York to Los Angeles, California. The father objected to the move. The court had to decide whether the relocation would be in the child’s best interest under New York law.

Background Facts

Published on: March 10, 2025

Court Addresses Custody While Parents Still Living Together. David v. Stephanie, 2021 NY Slip Op 21223

by Stephen Bilkis

In New York child custody cases, courts must decide what arrangement is in the best interests of the child. Custody decisions are based on many factors, including each parent’s relationship with the child, ability to provide care, and willingness to support the child’s relationship with the other parent. In most custody cases, the parents are already living separately or preparing to live in separate households. In David v. Stephanie, the court was asked to make a custody decision even though the parents were still living together. This case raised an important legal issue: whether a court could issue a custody order before the parents formally separated.

Background Facts

The parents in this case were married and had two minor children. They lived together in the same home during their divorce proceedings. Both parents filed motions asking the court to award them custody of the children and exclusive possession of the marital home. The mother also asked the court for permission to relocate with the children to the West Coast. The father opposed the relocation and asked for joint legal custody and equal parenting time in New York.

Published on: March 3, 2025

Parental Alienation Leads to Suspension of Child Support. Matter of Morgan v. Morgan, 2023 NY Slip Op 00424

by Stephen Bilkis

In New York custody and support cases, courts consider whether a parent’s actions interfere with the other parent’s rights. Custody decisions are based on what is in the best interests of the child. When a parent asks to change a custody order or support obligation, the court must determine whether a change in circumstances has occurred. A change in circumstances refers to a significant development that affects the parenting arrangement or the child’s relationship with a parent. In Matter of Morgan v. Morgan, the court addressed whether a parent’s interference with visitation rights could justify suspending child support.

Background Facts

The parents were divorced and had two daughters born in 2004 and 2006. After the divorce, the children lived in the Dominican Republic with their maternal grandmother. In 2009, they moved to New York to live with their mother. The mother was granted sole custody, and the father was ordered to pay child support.

Published on: February 15, 2025

Court awarded sole custody to the mother, emphasizing stability, her caregiving role, and father’s undermining behavior. Vickie F. v. Joseph G., 195 A.D.3d 1064 (N.Y. App. Div. 2021)

by Stephen Bilkis

In New York, courts generally favor shared custody, as maintaining relationships with both parents is often in a child’s best interests. However, sole custody may be awarded when it better serves the child’s needs. This typically occurs in cases involving abuse, neglect, substance abuse, or when one parent clearly demonstrates superior parenting abilities. The court’s primary focus is the child’s safety, emotional health, and overall stability. Factors such as the parents’ ability to cooperate, the child’s preferences, and the home environment are also considered to ensure decisions promote the child’s well-being.

This case involved a contentious custody dispute between two parents as part of divorce proceedings in Saratoga County. The Supreme Court awarded sole legal and physical custody of the children to the mother. The father challenged this decision, arguing that the court erred in its determination and violated his procedural rights during the hearing and trial process.

Background Facts