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New York Family Law Blog

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Father Granted Permission to Relocate with Children to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case addressed the legal standard for relocation, the factors courts must consider when a custodial parent seeks to…

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Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule. Background Facts S.S. and M.S.…

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Custody Modification Awarding Father Primary Physical Custody. Matter of Andrea II. v. Joseph HH., 2022 NY Slip Op 01492

The case of Matter of Andrea II. v. Joseph HH. involved two custody modification petitions filed by both parents of a child born in 2014. The matter required the court to decide whether there had been a change in circumstances since a prior custody order, and if so, what custodial…

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Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

Failing to allow visitation in accordance with a court order can lead to serious legal consequences. The court may find the violating parent in civil contempt, which can result in penalties such as makeup parenting time, fines, or even jail time. Continued noncompliance may also affect custody arrangements, with the…

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Court Rejected Visitation Evaluation Request After Child Abuse Allegation. Matter of Z.V. (J.V.), 2025 NY Slip Op 50100(U)

In New York, corporal punishment by a parent is not automatically considered abuse or neglect. The law allows for reasonable physical discipline, but when the actions of a parent result in physical injury or pose a risk to a child’s physical or mental health, they may cross the line into…

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Court Weighed Whether to Allow Visitation Assessment in Pending Neglect Case. Matter of Z.V., Docket No. NN-xxxxx-24

In New York, parents may discipline their children, including using reasonable corporal punishment. However, when that discipline becomes excessive or causes harm, it can cross the line into child neglect or abuse under the Family Court Act. When the Administration for Children’s Services (ACS) receives a report of suspected child…

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Court Dismissed Neglect Petition Against Mother. Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U)

In New York, parents are legally permitted to discipline their children using reasonable corporal punishment. However, when that punishment causes injury or creates a risk of harm, it may be considered abuse or neglect under the Family Court Act. In Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U), the…

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Request to Amend Child Maltreatment Report Denied. Matter of Johnny S. v New York State Off. of Children & Family Servs. 2025 NY Slip Op 01852

In New York, the Statewide Central Register of Child Abuse and Maltreatment (SCR) maintains records of indicated reports of abuse and neglect. These reports can affect a person’s ability to work with children or adopt. In the case of Matter of Johnny S. v. New York State Office of Children…

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Grandmother’s Right to Seek Custody in New York

In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness…

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