New York courts adhere to a comprehensive approach in determining custody and visitation arrangements. The paramount consideration is the best interests of the child, evaluated through a myriad of factors such as parental stability, financial well-being, and the ability to provide a nurturing environment. While the court aims to ensure…
In Grisanti v. Grisanti, the Westchester Family Court was ask by the petitioner, the mother, to change the visitation rules established in a 1996 divorce agreement. The court had to carefully consider this request, especially because one of the children involved has high-functioning autism and learning disabilities. The challenge was…
In the Matter of Panetta v. Ruddy, the court considered whether to grant the mother visitation of her child. In New York, the standard for a court to deny visitation is high, as it involves a drastic measure that infringes on a noncustodial parent’s rights. Denial of visitation rights should…
The case of Thompson v. Yu-Thompson (837 N.Y.S.2d 313, 2007) involves the concept of therapeutic visitation. Supervised therapeutic visitation in New York involves a structured setting where a mental health professional oversees and facilitates visits between a parent and child. This type of visitation is typically ordered by the court…
In Pettiford-Brown v. Brown (42 A.D.3d 541, 2007) the father’s visitation rights were suspended by the Family Court of Westchester County. This means that the court temporarily stopped or restricted his right to spend time with their child. This led him to appeal to the Appellate Division. Suspending a parent’s…
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…
In New York, a noncustodial parent’s right to visitation remains generally intact even during incarceration. The presumption is that maintaining contact with the noncustodial parent is in the child’s best interest. While incarceration alone doesn’t render visitation inappropriate, the court considers the circumstances to ensure the child’s welfare. The denial…
In Matter of Ellett v. Ellett the court was ask to grant an incarcerated individual in-person visitation with his young daughters. That would require the daughters to be brought to him at Clinton Correctional Facility. In matters of visitation rights for incarcerated individuals, New York law acknowledges the importance of…
Cases concerning child visitation present intricate legal landscapes. One such case, Rodriquez v. Van Putten (309 AD2d 807), sheds light on the delicate balance between a parent’s right to visitation and a child’s best interests. This Appellate Division case grapples with the implications of a father’s incarceration on visitation rights.…
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…