Articles Posted in Custody

In Matter of Shayne FF. v. Julie GG., the Appellate Division, Third Department, reviewed a Family Court order that dismissed a father’s petitions to modify an existing custody and visitation arrangement. The case raised issues about what a parent must prove to change a prior custody order, how the court should evaluate alleged changes in a child’s needs over time, and the importance of considering transportation arrangements and holiday parenting time when circumstances shift. It also examined how a court should interpret relocation clauses in prior orders and the correct legal standard for deciding a motion to dismiss at the close of a petitioner’s case.

Background Facts
The parents had one child, born in 2009. In 2012, they entered a consent order granting the mother sole legal custody and the father parenting time every other weekend, along with holiday time “as agreed between the parties.” The order prohibited the mother from moving more than 50 miles from her then-current home without the father’s consent or a court order.

In May 2020, the father filed a petition to modify custody, alleging that the mother had moved to another county in violation of the order and that her move increased the travel time for exchanges. He also claimed she had not agreed to holiday parenting time. The mother sought dismissal, and the father later filed an amended petition in March 2021.

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 move with children, and how the evidence presented can affect the court’s determination. It also involved questions about the economic, educational, and family support implications of relocation, as well as how parental access schedules can be adapted to maintain the noncustodial parent’s relationship with the children.

Background Facts
The parents, who were never married, had two children, born in 2012 and 2016. In April 2017, they entered into a so-ordered stipulation of settlement that gave the father sole legal and residential custody of the children. The stipulation provided the mother with supervised parental access.

The father and children lived in a home in New York that belonged to the father’s grandmother. In November 2021, the father filed a petition to modify the 2017 stipulation to allow him to relocate with the children to South Carolina. He testified that he could no longer continue renting his grandmother’s house and that the mother contributed only $25 per month in child support for both children.

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 arrangement would serve the child’s best interests. Both parents had a history of substance abuse, and the court evaluated each parent’s current circumstances, their ability to provide stability, and the child’s needs before deciding primary physical custody.

Background Facts
In June 2018, the parties entered a consent order granting joint legal custody to both parents. The child’s paternal grandparents had primary physical custody. The mother had supervised parenting time every other week, supervised by the maternal grandmother. The father’s parenting time was supervised by the paternal grandfather as agreed between them.

In October 2019, the mother sought to modify the order to grant her sole custody with supervised visitation to the father. In February 2020, the father filed a petition seeking full custody, citing his sobriety and stable home. The mother amended her petition, alleging changes in circumstances, including the loss of her alternate week visitation after the child began school in Binghamton near the paternal grandparents’ home.

In New York, custody decisions are based on what is in the best interests of the child. These cases can involve difficult questions about parenting time, joint legal custody, and changes in a child’s mental and emotional condition. In Matter of Chad KK. v. Jennifer LL., the Appellate Division, Third Department reviewed a Family Court decision that kept joint custody in place but modified the father’s parenting time. The court had to evaluate how to balance the child’s relationship with both parents while considering the child’s emotional well-being.

Background Facts
The father and mother were divorced and had two children. A 2019 custody order gave them joint legal custody. The mother had primary residential custody. The father had parenting time on Mondays after school and on alternating weekends, depending on his work schedule.

In February 2020, the father filed a petition to modify the custody order. He claimed there had been a change in circumstances. Specifically, he pointed to the mother’s recent misdemeanor conviction and concerns about the children’s school attendance. He also claimed that the mother was responsible for damaging his relationship with the children.

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 the move on the child’s relationship with the noncustodial parent, and whether the move would improve the child’s educational, emotional, or economic well-being.

In K. v. V., the Supreme Court of Kings County considered whether a mother should be allowed to relocate with her teenage daughter from Brooklyn, New York to Los Angeles, California. The father objected to the move. The court had to decide whether the relocation would be in the child’s best interest under New York law.

Background Facts

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 custody cases, the parents are already living separately or preparing to live in separate households. In David v. Stephanie, the court was asked to make a custody decision even though the parents were still living together. This case raised an important legal issue: whether a court could issue a custody order before the parents formally separated.

Background Facts

The parents in this case were married and had two minor children. They lived together in the same home during their divorce proceedings. Both parents filed motions asking the court to award them custody of the children and exclusive possession of the marital home. The mother also asked the court for permission to relocate with the children to the West Coast. The father opposed the relocation and asked for joint legal custody and equal parenting time in New York.