C.R. v. Y.P., 2020 N.Y. Slip Op. 50603 (N.Y. Fam. Ct. 2020) involves the determination of fatherhood for a child born to respondent Y.P. (referred to as Ms. P) and listed on the birth certificate as J.E., with S.D.E. acknowledged as the father. However, petitioner C.R. contested this acknowledgment, asserting…
In New York family court, obtaining an order of protection requires meeting a specific standard. Pursuant to the Family Court Act, the petitioner must demonstrate the existence of family offenses by a fair preponderance of the evidence. This standard necessitates showing that it is more likely than not that the…
Va. HH. v. Elijah, 211 A.D.3d 1201 (N.Y. App. Div. 2022) involves an appeal from a Family Court order regarding visitation rights between the grandparents and the children of divorced parents. In New York, grandparents may seek visitation rights with their grandchildren under certain circumstances. The law acknowledges the importance…
The court’s primary aim in custody disputes is to ensure the well-being and best interests of the child. One way it seeks to achieve this is by favoring joint custody arrangements whenever possible. Joint custody allows both parents to remain actively involved in the child’s life, providing them with emotional…
Kinship guardianship assistance payments in New York, often referred to as KinGap, are financial subsidies provided to relative caregivers who assume legal guardianship of children in their care. These payments are intended to support the guardians in meeting the needs of the children. Some examples of what the payments can…
V.A. v. L.S. 2023 N.Y. Slip Op. 51477 (N.Y. Fam. Ct. 2023) involved an application to extend an order of protection. Extending an order of protection in New York involves a legal process that aims to maintain the safety and well-being of individuals who have been subjected to domestic violence or…
Ulster Cnty. Dep’t of Soc. Servs. v. Ashley Y. (In re Annaleigh X.), 205 A.D.3d 1109 (N.Y. App. Div. 2022) involves allegations of neglect against a mother in Ulster County, New York. The case raises important issues regarding parental responsibility and the duty to provide proper supervision and guardianship to…
In Barra v. Barra, 214 A.D.3d 1224 (N.Y. App. Div. 2023), the court was asked to settle a child support payment dispute. Part of the evidence submitted was the couple’s divorce decree. Divorce cases and child support proceedings are inherently interconnected, with the former often laying the groundwork for the…
Guardianship of a child in New York involves the legal authority granted to an individual or entity to make important decisions regarding the care, welfare, and upbringing of a child who is not their biological or adoptive child. This authority is typically granted by a court and is necessary when…
In Josefina O. v. Francisco P., 213 A.D.3d 1158 (N.Y. App. Div. 2023), a case before the Family Court of Montgomery County, the court was asked to settle a dispute that arose between separated parents regarding child support and federal stimulus payments. Stimulus payments, also known as economic impact payments…