In New York, a parent who wants to relocate with a child must show by a preponderance of the evidence that the move will serve the child’s best interest. Courts consider several factors, including the reasons for the move, the relationship between the child and each parent, the impact of…
In New York child custody cases, courts must decide what arrangement is in the best interests of the child. Custody decisions are based on many factors, including each parent’s relationship with the child, ability to provide care, and willingness to support the child’s relationship with the other parent. In most…
In New York custody and support cases, courts consider whether a parent’s actions interfere with the other parent’s rights. Custody decisions are based on what is in the best interests of the child. When a parent asks to change a custody order or support obligation, the court must determine whether…
In New York, courts generally favor shared custody, as maintaining relationships with both parents is often in a child’s best interests. However, sole custody may be awarded when it better serves the child’s needs. This typically occurs in cases involving abuse, neglect, substance abuse, or when one parent clearly demonstrates…
This case involved a dispute over a marital residence following a divorce settlement. The plaintiff sought summary judgment to partition and sell the property and to recover damages for breach of contract. The Supreme Court, Kings County, denied the plaintiff’s motion, and the plaintiff appealed. The appellate court affirmed the…
In this case, the appellate court reviewed the child support determination made by the Supreme Court, Nassau County. The trial court’s judgment imputed income to both parties and set child support obligations accordingly. On appeal, both parties challenged the trial court’s findings regarding imputed income and the resulting child support…
In divorce proceedings, dividing business interests can present unique challenges, particularly when family businesses are involved. In this case, the Supreme Court of Suffolk County addressed the equitable distribution of the defendant’s interests in two family businesses. Background Facts The parties were married in 1993, and the plaintiff filed for…
Family Court decisions can significantly impact families, particularly when they involve decisions about a child’s future care. A permanency goal in New York refers to a plan established during family court proceedings to determine the long-term living arrangement for a child in foster care. Goals can include reunification with parents,…
In this case the court had to determine how to distribute marital property and whether to order spousal support. A complicating factor was that although the couple had been married for over 30 years, during most of that time they were separated. Background Facts The couple in this case were…
In Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021, a case of guardianship of a child after the mother’s passing, the Family Court of Columbia County faced a complex situation involving multiple petitions from interested parties. The court’s decision hinged on determining the best interests of…