Published on:

Court Decides Child Visitation Battle

A New York Lawyer said in this Family case, an Appeal was filed by the nonparty-appellant from two orders of the Family Court, Suffolk County. By decision and order on motion, as amended, the Court (1) directed that residential custody of the subject child was to continue with the petitioner father, (2) prohibited the respondent mother from having overnight child visitation with the subject child or allowing any contact between the subject child and the mother’s paramour and his family, and (3) prohibited either parent from removing the subject child from Nassau County or Suffolk County, pending hearing and determination of the appeals, on condition that the record or appendix on the appeals from the orders and the nonparty-appellant’s brief was filed and served pursuant to CPLR 2103(b)(1).

A New York Custody Lawyer said that the nonparty-appellant has not perfected the appeals as set forth in the decision and order on motion of this Court.

Thus, the Court on its own motion, Ordered the following: THAT –
The provisions of the order, which (1) directed that residential custody of the subject child was to continue with the petitioner father, (2) prohibited the respondent mother from having overnight child visitation with the subject child or allowing any contact between the subject child and the mother’s paramour and his family, and (3) prohibited either parent from removing the subject child from Nassau County or Suffolk County are vacated;

The appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the nonparty-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the nonparty-appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and

Within 30 days after the date of this scheduling order, the nonparty-appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

A Manhattan Child Custody Lawyer said in another Family case, a proceeding pursuant to Family Court Act article 6 for custody of, or child visitation with, the subject child, the grandmother appeals from an order of the Family Court, Nassau County, which, without a hearing, dismissed the petition.

A Nassau County Family lawyer said that the petitioner is not the biological grandmother of the subject child, and she is not a legal grandmother by virtue of adoption. She is, therefore, not the child’s grandparent within the meaning of Domestic Relations Law § 72, which governs the standing of grandparents to seek custody or child visitation, and has no right thereunder to seek either custody or child visitation. The petitioner’s remaining contentions with respect to standing to seek custody or child visitation are similarly without merit. Accordingly, the Family Court properly dismissed the petition without a hearing.

The petitioner also lacks standing to make contentions with respect to the child’s prior placement with other family members and, in any event, the contentions are academic in light of the fact that the subject child is currently in her father’s custody.

Child visitation cases usually occurred upon the Court’s declaration or issuance of an Order of Divorce of marriage of spouses. Here in Stephen Bilkis and Associates, we will help you ask for your visitation rights when your spouse hinders your desire to visit your own child. Through the help of our Nassau County Visitation lawyers, we will file the necessary petition in court for this scenario. If you are being deprived of your support for your sustenance, don’t hesitate to consult our Nassau County Child Support in order to ask for a support from the person you are entitled to demand support.

Contact Information