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 determining custody arrangements in New York, several factors are considered. One important factor is the child’s established environment. This includes where the child currently lives and attends school, as well as their social connections and daily routines. Courts aim to minimize disruption to the child’s life by prioritizing continuity…
The doctrine of forum non conveniens, a Latin term meaning “forum not convenient,” allows a court to decline jurisdiction over a case if another forum would be more appropriate for the resolution of the dispute. In New York, this doctrine applies to various legal matters, including divorce and child custody…
In custody cases, regardless of the parents’ sexual orientation or the children’s adoption status, the paramount concern remains the well-being and best interests of the children involved. While this particular case involves a same-sex couple and adopted children, the fundamental principles guiding the court’s decision-making process are universal. The court…
In New York child custody cases, including those involving an incarcerated parent, the paramount consideration is the best interests of the child. The court considers factors such as the child’s safety, well-being, and overall welfare in determining custody arrangements, aiming to make decisions in the child’s best interests. Background Facts…
A Lincoln hearing, named after a court case, is a process where the judge interviews a child privately to understand their preferences regarding custody or visitation. The purpose is to consider the child’s viewpoint without parental influence when making decisions about their welfare. The hearing allows the judge to gather…
What happens to parental rights when a parent is incarcerated in New York state. Generally, parents retain their parental rights, including the right to visitation. However, the caveat, is that every decision that a New York court makes with respects to children is guided by what is deemed to be…
Visitation disputes arising from divorce cases often cast a shadow on the lives of children caught in the crossfire. The case of Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113 (N.Y. App. Div. 1990), provides a poignant example of the complexities and challenges inherent in such legal battles. Background The Koppenhoefer case…
Child custody battles can be emotionally and legally challenging. In this Matter of Madden v. Cavanaugh, 307 AD2d 266 (N.Y. App. Div., 2003), the issue before the Family Court order in Westchester County was related to a custody modification. Modifying child custody arrangements is a significant legal step and requires…
The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings. In custody or visitation proceedings, an…