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…
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…
Juan R.E.M. v. Juan R.E. 2017 N.Y. Slip Op. 6977 (N.Y. App. Div. 2017) revolves around the efforts of a child to obtain special immigrant juvenile status (SIJS) in the United States. SIJS was designed to provide protection to immigrant children who have been abused, abandoned, or neglected by one…
In Jeffrey M. v. Ann B., 2020 N.Y. Slip Op. 20209 (N.Y. Fam. Ct. 2020), a case before the Family Court, Respondents Randall B. and Ann B. sought the dismissal of a Visitation Petition filed by Petitioner Jeffrey M. The court’s decision shed light on the complex dynamics of adoption…
In New York Family Court, a permanency hearing is a legal proceeding designed to determine the long-term plan for children who have been removed from their homes due to abuse, neglect, or other circumstances endangering their well-being. These hearings aim to establish a stable and secure environment for the children…
In Scott v. Thompson, 166 A.D.3d 627 (N.Y. App. Div. 2018), the custody dispute included allegations of domestic abuse. In child custody determinations, New York courts always prioritize the best interest of the child. When allegations of domestic violence arise, courts must evaluate their impact on the child’s well-being and safety.…
In Daphne M. v. Wanda J. (In re Caleesta S.) 200 A.D.3d 504 (N.Y. App. Div. 2021), the court had to determine whether a nonparent should be granted guardianship of a child over a parent. In New York, circumstances may arise where a nonparent is considered for guardianship over a…