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Articles Posted in Custody

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Father established a pattern of the mother violating the prior custody order. Dickes v. Johnston, 182 N.Y.S.3d 470 (N.Y. App. Div. 2023)

The case of Dickes v. Johnston, decided in 2023, revolves around a custody dispute between the respondent-petitioner mother and petitioner-respondent father. The Family Court, in response to the father’s supplemental petition, modified the existing custody order to increase his parenting time with the child. In New York, modifying a custody…

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Court declined to modify custody arrangement. Alanna v. Duncan, 204 A.D.2d 409 (N.Y. App. Div. 1994)

The case of Alanna v. Duncan, upon divorcing, the couple agreed upon custody. However, the mother changed her mind and sought to modify the custody arrangement. In New York, courts may entertain requests to modify custody agreements when there is a substantial change in circumstances that affects the well-being of…

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Court modified custody order based on one parent being better able to handle child. Matter of Ross v. Trento, 275 A.D.2d 972 (N.Y. App. Div. 2000)

There are many reasons that parents may petition the court for a modification of a custody order. In the case of Matter of Ross v. Trento, the petitioner requested a modification because the child was more well-behaved at her house than at the father’s house. In New York, modifying a…

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Court determined that change of circumstances necessitated a custody modification. Of v. K, 73 Misc. 3d 1228 (N.Y. Cnty. Ct. 2021)

The case of Of v. K involves a custody modification petitions filed be each parent with each seeking sole custody, which would required a modification to their joint custody arrangement. To modify custody in New York, a parent must demonstrate a substantial change in circumstances affecting the child’s welfare. This…

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Court concluded that it did not have enough information to decided whether to grant the mother’s petition to relocate. Mason v. Mason, 2023 N.Y. Slip Op. 4018 (N.Y. App. Div. 2023)

The case of Mason v. Mason, 2023 N.Y. Slip Op. 4018, presents a complex scenario involving a relocation petition within the context of a custody dispute. The petitioner-respondent mother sought permission to relocate with the children to North Carolina while the father wanted the children to move with him to…

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Appellate Division dismissed father’s petition for sole custody. Latray v. Hewitt, 2020 N.Y. Slip Op. 1745 (N.Y. App. Div. 2020)

In Latray v. Hewitt, the court considered a petition by the father seeking sole custody. New York courts seek to order joint custody when possible. Courts often prefer to order joint custody as it reflects a commitment to maintaining both parents’ involvement in a child’s life, provided it is in…

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Mother found in violation of custody agreement, and father was granted joint custody. Kanya J. v. Christopher K., 2019 N.Y. Slip Op. 6030 (N.Y. App. Div. 2019)

In the legal landscape of family matters, the case of Kanya J. v. Christopher K. presents a complex narrative involving parental rights, custody modifications, and support obligations. The intricate web of legal proceedings unfolds as both parents grapple for a favorable outcome in the best interests of their child. This…

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Court refused to allow father who was convicted for child rape to have visitation with his child. Davis v. Davis, 265 AD2d 552, 553 (NY App. Div. 2d Dep’t 1999)

The “best interests of the child” is a paramount legal standard used in family law to guide decisions regarding custody, visitation, support, and other matters that directly affect children. Essentially, it mandates that any decision made by the court or involved parties must prioritize what is best for the child’s…

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Weight a teenage child’s preference should be given in a custody dispute. Newton v. McFarlane, 174 A.D.3d 67 (N.Y. App. Div. 2019)

In New York custody disputes, the weight given to a teenage child’s preferences can significantly impact the court’s decision. While the child’s input is considered, it’s not the sole determinant in custody proceedings. Judges take various factors into account, including the child’s age, maturity level, and ability to articulate their…

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Because of a mother’s pattern of false accusations against the father, the court modified the custody order. Aquitani v. Aquitani (In re a Custody Proceeding Under Article 6 of the Family Court Act), 2022 N.Y. Slip Op. 50730 (N.Y. Fam. Ct. 2022)

In New York, courts will only modify a custody order if there has been a change in circumstances. Examples, a change in circumstances include one parent abusing the child or substance abuse. In Aquitani v. Aquitani, there is a history of the mother accusing the father of abuse. Those accusations…

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