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New York Family Law Blog

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Husband challenges Support Magistrate’s order to pay spousal support. Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020

In Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020, the Appellate Division consider a case where a husband challenges having to pay his spouse support. In New York, the Family Court determines spousal support during divorce proceedings by carefully considering various factors related to the financial circumstances of…

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Challenging an acknowledgment of paternity beyond the statutory deadline. Daniel FF. v. Alicia GG., 207 A.D.3d 853 (N.Y. App. Div. 2022)

In Daniel FF. v. Alicia GG., 207 A.D.3d 853 (N.Y. App. Div. 2022), a case before the Family Court of Ulster County, a petitioner sought to challenge an acknowledgment of paternity issued shortly after the birth of a child. The court’s decision centered on the doctrine of equitable estoppel. In…

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Finding of sexual abuse by father supported by evidence; requirement of supervised visits upheld. Admin. for Children’s Servs. v. Victor P. (In re Victoria P.), 2014 N.Y. Slip Op. 7169 (N.Y. App. Div. 2014)

Supervised visitation visits refer to a type of visitation where a third party, such as a social worker or designated family member, is present during the parent’s time with the child. This is done to ensure the child’s safety and well-being while maintaining a controlled environment for the parent-child interaction.…

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Parents sued school district over sexual abuse of disabled daughter by bus attendant. K.A. v. Wappingers Cent. Sch. Dist., 2017 N.Y. Slip Op. 4824 (N.Y. App. Div. 2017)

In K.A. v. Wappingers Central School District, the plaintiffs sought to recover damages for personal injuries sustained by K.A., a developmentally disabled young woman, while under the supervision of the defendant school district. The court addressed whether the plaintiffs’ late filing of a notice of claim barred their ability to…

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Interference with grandparent visitation rights. Shimunov v. Davydov 179 A.D.3d 812 (N.Y. App. Div. 2020)

Interference with visitation rights in New York is a serious matter that can occur in various family dynamics, not limited to disputes between parents. While it often arises in the context of parental visitation arrangements, where one parent obstructs the other’s court-ordered visitation with their child, it can also extend…

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Mother challenges court awarding father sole custody. Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) 

Allison v. Seeley-Sick, 199 A.D.3d 1490 (N.Y. App. Div. 2021) is an appeal from a an order issues in a Family Court Act article 6 proceeding. A Family Court Act Article 6 proceeding refers to cases handled under Article 6 of the New York Family Court Act, which covers matters related…

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Appellate Division considered whether the length and terms of an order of proctection were appropriate. Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022)

In Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022), an order of protection was issued against the respondent, directing him to stay away from the petitioner until June 10, 2023. The order stemmed from a fact-finding determination that the respondent committed the family offenses of second-degree…

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Court upheld findings of sexual abuse, neglect, and protective measures imposed. Admin. for Children’s Servs. v. Andrew S. (In re Cashmere T.), 77 N.Y.S.3d 477 (N.Y. App. Div. 2018)

Child protective proceedings aim to safeguard the welfare of children and hold individuals accountable when their behavior endangers a child’s safety. In In re Andrew S., the Family Court addressed allegations of sexual abuse and neglect. The case involved complex legal questions about evidence, credibility, and the protective measures necessary…

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Court considered the validity of the restrictions imposed on the father’s parental access to his children. In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022)

In In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022), the father appeals from an order dated January 13, 2022, which imposed restrictions on his parental access to his children. The court directed that the father could only have supervised access and prohibited him from being…

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Whether New York possesses initial child custody jurisdiction, considering the children’s residency outside the state. Matter of E.P. v B.S. 2023 NY Slip Op 23318

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws enacted in all 50 states of the United States, including New York, to provide a legal framework for determining which state has jurisdiction over child custody matters. The primary aim of the UCCJEA is to prevent…

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