Articles Posted in Custody

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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 must carefully consider various factors, including the children’s emotional and physical health, their relationship with each parent, stability, and the ability of each parent to provide a nurturing and supportive environment. Ultimately, the goal is to ensure that the children are placed in a living arrangement that promotes their overall welfare and development.

Background Facts

S.R. and N.K. married in 2007. The children, SC1 and SC2, are S.R.’s cousin’s biological children, placed in their care as kinship foster parents. They began fostering SC1 in 2009 and SC2 in 2010 in Binghamton, New York.

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In New York child custody cases, including those involving an incarcerated parent, the paramount consideration is the best interests of the child. The court considers factors such as the child’s safety, well-being, and overall welfare in determining custody arrangements, aiming to make decisions in the child’s best interests.

Background Facts

In 2002 the Family Court issued an order granting custody to the mother. An incident in December 2002 involved domestic violence, leading to criminal charges and a lengthy prison sentence for the father. The children, unfortunate witnesses to this event, experienced a severed paternal relationship.

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A Lincoln hearing, named after a court case, is a process where the judge interviews a child privately to understand their preferences regarding custody or visitation. The purpose is to consider the child’s viewpoint without parental influence when making decisions about their welfare. The hearing allows the judge to gather information directly from the child to help determine what arrangement would be in their best interests. It ensures the child’s voice is heard in court proceedings involving custody and visitation disputes.

In A.S. v. L.C., 2023 N.Y. Slip Op. 50042 (N.Y. Fam. Ct. 2023), a contentious child custody case, testimony elicited during a Lincoln hearing was used to help the court determine the custody arrangement. The initial custody arrangement granted the mother primary custody of the child, with the father having visitation rights.

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What happens to parental rights when a parent is incarcerated in New York state. Generally, parents retain their parental rights, including the right to visitation. However, the caveat, is that every decision that a New York court makes with respects to children is guided by what is deemed to be in the best interests of the child. In New York, the principle of “best interests of the child” serves as a foundational guideline for courts in determining custody and visitation arrangements.

In New York, this standard considers various factors, including the child’s physical and emotional health, the stability of each parent’s living environment, and the ability of parents to meet the child’s needs. Ultimately, the court aims to make decisions that promote the child’s

When applied to incarcerated parents, the “best interests of the child” standard takes into account a range of factors unique to the circumstances of parental incarceration. Courts typically consider the length of the sentence, the nature of the offense, the potential impact on the child’s emotional well-being, and the practical challenges associated with maintaining a relationship. While parental incarceration alone does not automatically preclude visitation, the court assesses whether such visitation might be detrimental to the child and may impose conditions such as supervised visitation or limitations based on logistical constraints. The overarching goal remains to strike a balance between maintaining the child’s connection with the incarcerated parent and ensuring their overall welfare and stability.

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Visitation disputes arising from divorce cases often cast a shadow on the lives of children caught in the crossfire. The case of Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113  (N.Y. App. Div. 1990), provides a poignant example of the complexities and challenges inherent in such legal battles.

Background

The Koppenhoefer case centers on Hans and Alicia, children of divorced parents entangled in visitation disputes since 1977. The divorce judgment, including a separation agreement, awarded custody to the mother while granting the father liberal visitation rights. Problems arose due to the lack of structure in visitation, prompting ongoing complaints from both parents. In 1982, Family Court modified the visitation terms, setting specific hours for weekends and midweek visits. Alimony was terminated, and child support increased to $105 per week.

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Child custody battles can be emotionally and legally challenging. In this Matter of Madden v. Cavanaugh, 307 AD2d 266 (N.Y. App. Div., 2003), the issue before the Family Court order in Westchester County was related to a custody modification.

Modifying child custody arrangements is a significant legal step and requires adherence to specific guidelines to ensure the best interests of the child involved. In New York, as in many jurisdictions, courts prioritize the welfare of the child above all else. If a parent wishes to modify an existing custody order, they typically need to demonstrate a substantial change in circumstances since the initial order was established. This could involve changes in the child’s living situation, a parent’s employment, health conditions, or other factors impacting the child’s well-being.

The requesting parent must provide compelling evidence supporting the modification and show how it aligns with the child’s best interests, focusing on their physical, emotional, and educational needs. Courts emphasize maintaining stability and consistency in a child’s life, so any proposed modification should enhance the child’s life rather than disrupt it. Additionally, the modification should encourage the child to maintain a strong relationship with both parents, assuming both parents are fit and suitable caregivers. In some cases, the court may appoint a Guardian Ad Litem or an attorney for the child to represent the child’s interests during the modification proceedings. Understanding these criteria is essential when seeking a modification of child custody arrangements. Consulting with a knowledgeable New York family law attorney can provide valuable insights and legal expertise, increasing the likelihood of a successful custody modification based on the child’s best interests.

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The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings.

In custody or visitation proceedings, an AFC serves as the legal representative for the child involved. Unlike attorneys representing parents, the AFC’s sole allegiance is to the child’s best interests. This involves conducting an independent assessment of the child’s circumstances, preferences, and overall well-being. The AFC becomes the child’s voice in court, expressing their wishes, concerns, and advocating for outcomes aligned with their welfare. This representation is especially vital when the child’s interests may not coincide with those of the parents. The AFC’s responsibilities encompass legal counsel, courtroom representation, and ensuring the child’s views are considered in decisions. Ethical considerations guide the AFC, who must prioritize the child’s welfare, even if their preferences differ from what the AFC believes is in their best interests. Through these responsibilities, the AFC plays a pivotal role in safeguarding the child’s rights and ensuring their well-being remains paramount throughout the legal proceedings.

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The case of Dickes v. Johnston, decided in 2023, revolves around a custody dispute between the respondent-petitioner mother and petitioner-respondent father. The Family Court, in response to the father’s supplemental petition, modified the existing custody order to increase his parenting time with the child.

In New York, modifying a custody arrangement requires proof of a substantial change in circumstances affecting the child’s best interests. Courts prioritize stability and consider factors like parental fitness, cooperation, and adherence to existing orders. The petitioner must show the change warrants a review in the child’s best interests. The court independently assesses the record, ensuring any modification aligns with the child’s welfare and is not punitive. This standard emphasizes the need for a significant shift in circumstances to justify altering established custody arrangements.

Note that n this case, the child is represented by an AFC- Attorney for a the Child. An Attorney for the Child (AFC) is an attorney appointed by the court to represent the child’s legal interests in custody and visitation cases. The AFC serves as the child’s advocate, offering an independent voice to express the child’s wishes and preferences. This role is crucial in situations where the child’s interests might conflict with those of the parents or when there are complex issues involved. The AFC investigates the case, interviews the child, and presents the child’s viewpoint in court, helping ensure that the child’s well-being is a central consideration in legal proceedings.

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The case of Alanna v. Duncan, upon divorcing, the couple agreed upon custody. However, the mother changed her mind and sought to modify the custody arrangement.

In New York, courts may entertain requests to modify custody agreements when there is a substantial change in circumstances that affects the well-being of the child. This could encompass alterations in a parent’s living situation, health, or financial stability. Another factor that might prompt a modification is a parent’s plan to relocate a considerable distance, with the court evaluating how such a move may impact the child’s relationship with both parents and overall stability. The child’s expressed preference, depending on their age and maturity, may also be considered, with the court ultimately prioritizing their best interests. Consistent violations of the existing custody order by one parent or concerns about parental fitness, such as substance abuse or neglect, can lead the court to reevaluate the custody arrangement. In all cases, the paramount consideration is the well-being of the child. Parents seeking modification should be prepared to demonstrate a significant change in circumstances, and the court may encourage negotiation or mediation to reach a new agreement that aligns with the child’s best interests. Understanding these factors is crucial for parents navigating the complexities of family law in New York.

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There are many reasons that parents may petition the court for a modification of a custody order. In the case of Matter of Ross v. Trento, the petitioner requested a modification because the child was more well-behaved at her house than at the father’s house.

In New York, modifying a custody arrangement is guided d by the principle that such changes should only occur upon a demonstrated change in circumstances that necessitates the modification to ensure the continued best interests of the child. The court assesses whether the proposed modification serves the child’s welfare more effectively than the existing arrangement. Key considerations include factors such as the child’s age, adjustment to their current environment, and the stability of both parents’ households. The party seeking modification bears the responsibility of presenting a substantial and material change in circumstances, emphasizing the court’s commitment to maintaining stability in the child’s life while prioritizing their overall well-being. This standard reflects the judiciary’s dedication to preserving the child’s best interests in custody decisions.

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