In this case the Family Court considered whether interference with visitation was a reason to stop paying child support and whether it would cancel child support arrears. The father was awarded custody of the child and the mother visitation. The mother was also required to pay child support to the…
Articles Posted in Visitation
Matter of B. v J.
Matter of B. v J. 2018, NY Slip Op. 02148 L.B., Petitioner, Respondent. v. J.L. Respondent, Appellant. Decision This case is an appeal from the Queens County Family Court, May 6, 2016. The order awarded the parties joint legal custody of their child, with the mother receiving primary physical custody…
In re: A Custody/Visitation Proceeding E.A. Petitioner v. R.A. Respondent
No. 100288 June 21, 2017 Facts: The parties lived together in a small apartment in the Bronx in the fall of 2008. They ended up having a child together, and stayed together for 3 months. After this time, the Petitioner moved in with family. He tried to maintain contact with…
Estrellita v. Jennifer L.D.
This case calls upon the Appellate Court to consider the validity of a rule that was decided 25 years ago, in the Matter of Alison D. (77 NY2d 651 [1991]). In this case, an unmarried same-sex couple questioned the rights of responsibilities of having a child, in light of the…
Granger v Misercola
Petitioner was an incarcerated in the New York correctional system and has admitted paternity of a child. He started this proceeding to establish visitation with his child after the mother would allow the child to visit their father in prison. The family court granted the petition, awarding periodic short visits…
In the Matter of Brooke, Respondent v. Elizabeth A.C.C. Respondent
This case calls on the court to assess the continued fairness of a rule discussed originally in a case known as the Matter of Alison D in Virginia (77 NY 2d 651 [1991]/ Where an unmarried couple has a child, and one partner doesn’t have a biological connection to the…
Petitioner Seeks to Vacate Determination by Department of Consumer Affairs
Legal counsel said that, the current motion by Petitioner is to vacate a determination of the Nassau County Department of Consumer Affairs (DCA) to the effect that Plaintiff Corporation was an unlicensed home improvement contractor in violation of the Nassau County Administrative Code. The Cross-motion, denominated a motion by the…
Court Decides if Attorney Should Be Removed from Case
This was a case before the Supreme Court of the State of New York in Kings County. It involved a Notice of Motion, Order to Show Cause, Petition and Cross Motion where the court was called upon to determine (1) whether the attorney for the defendant’s application to be relieved…
Wife Seeks to Obtain TRO Against Husband
Mr. H married Mrs. C on August 21, 1975. They had two children from that marriage. K born July 16, 1976 (13) and A born June 25, 1978 (11). Mr. H and Mrs. C were divorced on April 3, 1985 and both children presently reside with their natural mother, respondent,…
Defendant Requests Clarification on Final Divorce Decree
In an action in which a judgment of the Supreme Court, Kings County, was entered, Inter alia, granting plaintiff and defendant a divorce, defendants appeal from an order of the same court, dated July 27, 1978, which, upon plaintiff’s motion, “resettled and clarified” the judgment of divorce, by (1) amending…