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New York Family Law Blog

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Court determined that the ICPC does not apply to out-of-state, noncustodial parents seeking custody of their children. D.L. v. S.B. 2022 N.Y. Slip Op. 5940 (N.Y. 2022)

D.L. v. S.B. 2022 N.Y. Slip Op. 5940 (N.Y. 2022) concerns the interpretation of the Interstate Compact on the Placement of Children (ICPC) regarding out-of-state, noncustodial parents seeking custody of their children who are in the custody of New York social services agencies. The key question revolves around whether the…

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Established paternity is not necessary seeking special immigrant juvenile status. In re Mardin M.-I. 2020 N.Y. Slip Op. 5754 (N.Y. App. Div. 2020)

In re Mardin M.-I. 2020 N.Y. Slip Op. 5754 (N.Y. App. Div. 2020) is a guardianship case that is also related to seeking Special Immigrant Juvenile Status (SIJS). SIJS provides a pathway to lawful permanent residency, allowing children to live and work legally in the country. This status offers stability…

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In a guardianship case, the court considered whether there was justification for waiving service of process upon the father. In re TN 2020 N.Y. Slip Op. 50548 (N.Y. Fam. Ct. 2020)

In In re TN 2020 N.Y. Slip Op. 50548 (N.Y. Fam. Ct. 2020), a case about the guardianship of a minor child, significant constitutional rights were at stake. The petitioner, acting on behalf of the maternal aunt seeking guardianship of the child, filed a motion to waive service of process…

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Determining the proper jurisdiction in a divorce and child custody dispute where parties have ties t New York and the United Kingdom. William L. v. Therese L. 66 Misc. 3d 1228 (N.Y. Sup. Ct. 2020)

The doctrine of forum non conveniens, a Latin term meaning “forum not convenient,” allows a court to decline jurisdiction over a case if another forum would be more appropriate for the resolution of the dispute. In New York, this doctrine applies to various legal matters, including divorce and child custody…

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Where a couple adopted children, the court determined that they would share legal custody. N.K. v. S.R., 2023 N.Y. Slip Op. 23344 (N.Y. Fam. Ct. 2023)

In custody cases, regardless of the parents’ sexual orientation or the children’s adoption status, the paramount concern remains the well-being and best interests of the children involved. While this particular case involves a same-sex couple and adopted children, the fundamental principles guiding the court’s decision-making process are universal. The court…

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New York Family Court found insufficient evidence to extend the final order of protection. C.K. v. J.D., 2024 N.Y. Slip Op. 50029 (N.Y. Fam. Ct. 2024)

In New York, obtaining a family court order of protection involves specific requirements for both temporary and final orders. For a temporary order, known as an ex parte order, the petitioner must demonstrate to the court that they have been subjected to or are in immediate danger of domestic violence…

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Court considered the right of the ACS supervise a non-offending parent. In re Danna T., 2024 N.Y. Slip Op. 24008 (N.Y. Fam. Ct. 2024)

In New York, the Administration for Children’s Services (ACS) plays a crucial role in safeguarding children who are victims of abuse or neglect by their parents or caregivers. ACS is tasked with investigating reports of child maltreatment and ensuring the safety and well-being of vulnerable children. When allegations of abuse…

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Whether the mother’s conduct related to the children’s education and mental health issues met the legal criteria for neglect. In re Madison G., 2020 N.Y. Slip Op. 1499 (N.Y. App. Div. 2020)

The case involves an appeal from an amended order of fact-finding and disposition by the Family Court, Kings County, regarding allegations of neglect against the mother of two children, India G. and Madison G. The order, issued in November 2018, placed the mother under the supervision of the Administration for…

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Court denied grandmother visitation because she lacked relationship with the child. E.O. v. J.K., 2023 N.Y. Slip Op. 50101 (N.Y. Fam. Ct. 2023)

In the case of In re Danna T., the Suffolk County Family Court deliberated over a petition filed by E.O., the maternal grandmother of G.D., seeking visitation rights. The petition stemmed from E.O.’s desire to reconnect with her granddaughter, G.D., who she had not seen in several years. The court…

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