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Articles Posted in Custody

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Court Discusses Mistake of Law vs Mistake of Fact in Custody Proceeding

This proceeding concerns the petition of an Adoption Service for commitment of a minor to its custody under Section 384 of the Social Services Law. Petitioner commenced this proceeding sometime in December 1972. A New York Family Lawyer said the natural mother of the infant was served and defaults in…

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Paternal Grandfather Petitions Court for Child Visitation

Petitioner is the paternal grandfather of 2 infants. Respondent is the natural mother of the infants. The children’s father was killed in an accident. A New York Family Lawyer said the paternal grandfather has petitioned this court for an order directing child visitation with the infants. An amended petition was…

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Court Decides Out of State Custody Arrangement

The parties were married in California in March 1971, in which state their only issue was born in 1973. The parties were divorced in 1975 and under the decree the California court gave custody of the child to petitioner-respondent mother subject to reasonable rights of visitation. A New York Family…

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Court Decides Custody in Relocation Case

This Family action concerns custody of two children, ages 13 and 11. The current proceedings were commenced when the father filed a petition pursuant to Article 6 of the Family Court Act seeking a modification of an Order of Custody of the children after the mother relocated beyond the radius…

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Mother’s Failure to Appear Results in Custody being Awarded to the Father

A couple entered into a stipulation after their divorce. As per the terms, the mother had the sole custody of their two children and the father had certain rights of visitation. A New York Family Lawyer said tne provision was that the mother could not relocate outside of a fifty…

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Court Decides Interstate Custody Dispute

This is an application by the defendant husband to modify a judgment of divorce in order to grant him child custody of his two daughters. A New York Family Lawyer said the divorce decree awarded custody of the children to the wife based upon a separation agreement which was incorporated…

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Petitioner Seeks Support from Same Sex Partner

This appeal presents the issue whether Family Court has subject matter jurisdiction to adjudicate a child support petition brought pursuant to the Uniform Interstate Family Support Act (UIFSA) by a biological parent seeking child support from her former same-sex partner. A New York Family Lawyer said it is held that…

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Court Looks at Jurisdictional Issue in Child Custody Proceeding

A husband initially commenced a divorce proceeding in his place but the court declined to hear it since his children are United States citizens. The husband thereafter initiated the action again and an extensive decision of the court was issued on child custody and visitation. A New York Family Lawyer…

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Court Decides Whether a Writ of Habeas Corpus Confers to Subject Matter Jurisdiction

The parties were married in California thereafter they resided together in Orange County, New York. A New York Family Lawyer said the respondent wife moved out of the marital residence. She was approximately seven months pregnant at the time. She filed a family offense petition in Orange County Family Court…

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Petitioner Seeks Support for Niece from Niece’s Father

A New York Family Lawyer said the complainant woman seeks support for her niece against her niece’s father. The support petition was originally dismissed by a hearing examiner. But, by order of a judge, the order of dismissal was vacated. Consequently, the matter remanded back to the hearing examiner to…

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