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Articles Posted in Custody

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Relocation Condition Removed from Custody Award. Matter of Wright v. Burke, 2024 NY Slip Op 01815

In 2021, both Alex Wright and Sanchel Burke filed custody petitions in the Family Court, Kings County. The case involved their child, who had moved with the mother from Brooklyn to Binghamton. The father sought sole legal and physical custody, and the mother also sought sole legal and physical custody.…

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Relocation Request in Custody Case. Matter of Emily F. v. Victor P., 2024 NY Slip Op 24189

In February 2022, Emily F. filed a petition in the Supreme Court, Bronx County, seeking to modify a 2017 final order of custody and visitation. She requested permission to relocate her child from New York to North Carolina over the objection of the father, Victor P. The case came before…

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Mother’s Violation Petition Denied; Father’s Relocation to Florida Granted. Matter of Charlie R. v. Carol Q., 2023 N.Y. Slip Op. 51090(U)

In Matter of Charlie R. v. Carol Q., the Family Court of Tompkins County addressed two petitions involving custody and parenting time for a child born in 2020. The mother filed a violation petition alleging that the father withheld court-ordered supervised parenting time. The father filed a relocation petition seeking…

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Father’s Custody Modification Petition Revived After Relocation Dispute. Matter of Shayne FF. v. Julie GG., 2023 N.Y. Slip Op. 05767

In Matter of Shayne FF. v. Julie GG., the Appellate Division, Third Department, reviewed a Family Court order that dismissed a father’s petitions to modify an existing custody and visitation arrangement. The case raised issues about what a parent must prove to change a prior custody order, how the court…

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Father Granted Permission to Relocate with Children to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case addressed the legal standard for relocation, the factors courts must consider when a custodial parent seeks to…

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Custody Modification Awarding Father Primary Physical Custody. Matter of Andrea II. v. Joseph HH., 2022 NY Slip Op 01492

The case of Matter of Andrea II. v. Joseph HH. involved two custody modification petitions filed by both parents of a child born in 2014. The matter required the court to decide whether there had been a change in circumstances since a prior custody order, and if so, what custodial…

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Grandmother’s Right to Seek Custody in New York

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…

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Court Ordered Temporary Custody Changes Pending Trial. B.N. v. J.N., 2024 NY Slip Op 51029(U)

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…

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

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…

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

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…

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