New York Family Law Blog

Published on: May 29, 2023

Father failed to meet burden of proof to modify custody order. Matter of Shuffler v. Shuffler, 273 A.D.2d 655 (2d Dep’t 2000)

by Stephen Bilkis

Child custody disputes can be incredibly challenging for all parties involved, and modifications can be especially complex. In New York, the court prioritizes the best interests of the child in all child custody matters. When a parent wishes to modify an existing custody order, they must show a substantial change in circumstances that warrants the modification.

The case of Matter of Shuffler v. Shuffler, 273 A.D.2d 655 (2d Dep’t 2000), illustrates the legal approach that New York courts take when analyzing requests for custody modifications. It shows how important it is for parents to understand the legal standards and requirements that apply to custody modifications in the state of New York.

Factual Background

Published on: May 24, 2023

Mother failed to show change in circumstances for custody modification. Matter of Pearson v. Womack, 73 A.D.3d 869 (2d Dep’t 2010)

by Stephen Bilkis

Child custody disputes are some of the most emotionally charged and legally complex cases that arise in family law. Parents who are going through a divorce or separation must contend with the difficult prospect of deciding who will have custody of their children. In New York, child custody decisions are made based on the best interests of the child, taking into account several factors, such as the child’s age, health, and education. However, when a parent seeks to modify an existing custody order, they must meet a high standard of proof. Specifically, they must demonstrate that there has been a significant change in circumstances since the entry of the prior order and that a modification is necessary to serve the child’s best interests. The case of Matter of Pearson v. Womack provides an illustrative example of how New York courts apply these principles in custody modification proceedings.

Factual Background

In this case, the mother sought to modify the existing custody order, alleging that the father had failed to comply with its terms. In her petition, the mother alleged that the father had failed to adhere to the custodial schedule and that he had been engaging in conduct that was detrimental to the children’s well-being. Specifically, she claimed that the father had failed to comply with the custody order by consistently returning the children late from visits and failing to notify her of changes to the children’s schedule. Additionally, she claimed that the father had been exposing the children to inappropriate behavior, such as drinking in front of them and allowing them to watch violent movies. The mother also alleged that the father had subjected the children to physical abuse, and had threatened to harm her and her family members.

Published on: May 22, 2023

Factors considered in custody modification include child abuse allegations. Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996)

by Stephen Bilkis

Child custody is often one of the most emotionally charged issues in a divorce or separation case. In New York, the court is guided by the principle of “best interests of the child” when making decisions about child custody. This means that the court considers a variety of factors in determining what is best for the child, including:

The parent’s ability to provide for the child’s basic needs, such as food, shelter, and medical care.
The parent’s ability to provide for the child’s emotional and intellectual needs, such as nurturing, guidance, and education.

Published on: May 17, 2023

Father failed to prove substantial change for custody modification. Matter of O’Brien v. O’Brien, 66 A.D.3d 1025 (2d Dep’t 2009)

by Stephen Bilkis

Child custody disputes can be emotionally charged and legally complex, particularly when one parent seeks to modify an existing custody order. In New York, custody orders are always subject to modification if there has been a substantial change in circumstances. However, a parent seeking modification must present sufficient evidence to demonstrate that a change in circumstances has occurred since the original custody order was entered. The change must be of such a nature that it affects the best interests of the child, and it must have occurred since the original order was entered.

Examples of changes that may warrant modification include a change in a parent’s living situation, a change in the child’s school or medical needs, or a change in the relationship between the child and each parent. The court will consider a variety of factors, including the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s own wishes, if he or she is of a suitable age and maturity. The best interests of the child are always paramount in custody disputes, and the court will consider all relevant factors when determining whether to modify a custody order. Proving that there has been a change in circumstances that warrants a modification can be challenging, as demonstrated in the case of Matter of O’Brien v. O’Brien, 66 A.D.3d 1025 (2d Dep’t 2009).

Factual Background

Published on: May 10, 2023

Father granted primary custody due to mother’s physical abuse allegations. Matter of Horowitz v. Horowitz, 80 A.D.3d 784 (2d Dep’t 2011)

by Stephen Bilkis

Child custody disputes can be highly emotional and stressful for both parents and children. When parents are unable to come to an agreement on custody, the court must step in to make a decision based on the best interests of the child. In New York, the rules for child custody are guided by a set of factors that the court considers when determining what is in the child’s best interests. In a contested custody cased, in Matter of Horowitz v. Horowitz the court determined that it was in the best interests of their children to award custody to the father due to the mother’s abusive behavior towards the children.

Factual Background

The Horowitz family consisted of a mother, father, and two children. The couple initially had a joint custody arrangement, but after several incidents of physical and emotional abuse towards the children by the mother, the father sought to modify the custody arrangement to sole custody.

Published on: May 8, 2023

Court ordered genetic testing to determine paternity. Matter of Chang v. Vasquez, 145 A.D.3d 912 (2d Dep’t 2016)

by Stephen Bilkis

Establishing paternity is an important step in determining legal rights and obligations towards a child. In New York, the law presumes that a husband is the legal father of a child born during his marriage. This presumption is based on the legal concept of “presumption of legitimacy,” which assumes that children born during a marriage are the biological offspring of the husband. This presumption can only be rebutted through a legal challenge, which typically involves genetic testing to establish paternity. Matter of Chang v. Vasquez highlights the importance of establishing paternity and the role of genetic testing in resolving paternity disputes.

Factual Background

Zheng Chang and Marina Vasquez had an extramarital affair while Marina was still married to Luis Vasquez. During the affair, Marina became pregnant and gave birth to a child. Luis, believing that he was the child’s biological father, signed a voluntary acknowledgement of paternity shortly after the child’s birth.

Published on: May 3, 2023

Father cannot challenge child’s legitimacy in marriage. Anonymous v. Anonymous, 89 A.D.3d 838 (2d Dep’t 2011)

by Stephen Bilkis

Establishing paternity in New York is an important legal issue that can have significant consequences for both the child and the parents involved. In many cases, establishing paternity involves determining who the biological father of a child is. In New York, there are several ways to establish paternity, including through genetic testing, an acknowledgement of paternity, or a court order.

However, in cases where a child is born during a marriage, the law presumes that the husband is the legal father of the child. This is known as the presumption of legitimacy. This presumption is based on the public policy to preserve the integrity of the family and to promote stability in family relationships. The presumption can only be overcome in very limited circumstances, such as when the husband can prove that he did not have sexual relations with the mother during the time of conception, or when there is clear and convincing evidence that the husband is not the biological father of the child.

Factual Background

Published on: May 1, 2023

Father’s petition to vacate judgment of paternity granted. Matter of Keisha S. v. Raymond T., 63 A.D.3d 1046 (2d Dep’t 2009)

by Stephen Bilkis

In the state of New York, establishing paternity is an essential part of protecting the rights of children and parents. Paternity determination determines who the biological father of a child is and helps establish important legal rights such as custody, visitation, and child support. Paternity can be established in New York through several ways:

Voluntary Acknowledgment of Paternity: Both parents sign a form called “Acknowledgment of Paternity” in the hospital or at a local child support office. This form is a legal document that establishes the man as the child’s father.
Court Order: If the parents are not married or the paternity is disputed, either parent can file a petition with the court to establish paternity. The court will order genetic testing to determine paternity.

Published on: April 26, 2023

Due diligence required to challenge paternity judgment with new evidence. Matter of Lynn NN. v. William OO., 13 N.Y.3d 7 (2009)

by Stephen Bilkis

Establishing paternity is an important issue for parents and children in New York. It allows for the father to be legally recognized as the parent of a child, and provides important benefits such as the ability to seek child support, visitation rights, and inheritance. In New York, paternity is presumed if the parents are married, but in cases where the parents are unmarried, paternity must be established through legal means. This can be done through voluntary acknowledgement, DNA testing, or a court order. However, in some cases, establishing paternity can be complicated, as demonstrated in the case of Matter of Lynn NN. v. William OO., 13 N.Y.3d 7 (2009).

Factual Background

In Matter of Lynn NN. v. William OO., William OO. was the putative father of a child born to Lynn NN. The couple had a brief relationship, and after they broke up, Lynn NN. filed a petition to establish paternity and child support. William OO. appeared in court and acknowledged that he was the father of the child, and a judgment of paternity was entered. William OO. paid child support for several years until he learned that he might not be the biological father of the child.

Published on: April 24, 2023

Sperm donor was not precluded from establishing paternity rights. Matter of Martin B. v. Eden E., 136 A.D.3d 487 (1st Dep’t 2016)

by Stephen Bilkis

Establishing paternity is a critical legal process that can impact a child’s life in many ways. In New York, paternity can be established voluntarily or involuntarily through a court proceeding. Establishing paternity can have important legal and emotional implications for parents and children, including child support, custody, and visitation rights. In the case of Matter of Martin B. v. Eden E. the New York courts dealt with the issue of the equitable estoppel defense in paternity cases.

Factual Background

Martin B. and Eden E. were in a committed same-sex relationship for several years, during which time they decided to have a child together. They both agreed that Martin B. would be the biological father, and they sought the assistance of a fertility clinic to conceive a child using Eden E.’s eggs and Martin B.’s sperm. The child was born in 2009, and the couple raised her together as equal parents for several years.