This case arose from a divorce proceeding which was commenced in Massachusetts. Respondent’s physical custody of the two minor children was initially pursuant to the parties’ May 21, 1993 separation agreement. A New York Family Lawyer said that agreement provided for joint custody, with primary physical residence with respondent and…
This involves an appeal pertaining to the custodial parent’s request to relocate with the parties’ child. The appellate division granted the child’s custody in favor of the mother. Petitioner mother and defendant father married in January 2004. A New York Family Lawyer said they were divorced a year and a…
In a contested child protective and child custody proceeding, the administration for children’s services sought an order directing the removal of the child from the home of the paternal grandmother who resides in Virginia. The motion is supported by the law guardian and opposed by the parents of the child.…
Respondent is the biological mother of the subject child, a six-year-old boy conceived through artificial insemination and born in December 2003. Respondent and petitioner met in 2002 and entered into a civil union in the State of Vermont in November 2003, the month before the child’s birth. Respondent repeatedly refused…
On a motion for a change of child custody by a father whose former wife has breached the restrictive residence provision of a non-merged separation agreement by surreptitiously removing the children of the marriage to California, two equally strong policies are contra posed to each other. A New York Family…
An appeal involves a custodial action with the request of the mother to relocate her child with her. The parties were married but separated about a year and a half. Consequently, they filed a divorce and it was granted. The provision settling the case granted the mother legal and physical…
The court is called upon to make certain decisions based upon a dispute involving allegations that a mother, through her actions, actively and passively alienated and influenced a child to the point that the child may no longer have any inclination or desire to see her father again. A New…
An Italian-born American woman married another American in the United States in August 1992. They went to Italy where their only son was born in July 2001. The child has Italian and American citizenship. A New York Family Lawyer said the couple divorced in April 2004 in New York but…
A lady psychiatrist married and then later divorced her husband. Custody of their son was awarded to the lady psychiatrist and liberal visitation rights were granted to the ex-husband. The lady psychiatrist re-married a civil engineer with whom she had two children aged four and two. A New York Family…
Plaintiff father and defendant mother were married in West Point, NewYork. Five years later, they had a daughter. Six months after the child’s birth, the parties separated. The father commenced an action for divorce in NewYork County, where he had moved after the separation. The NewYork Supreme Court granted a…