Articles Posted in Custody

Child custody disputes are complex legal cases that require careful consideration of the best interests of the child. In New York, the courts make custody decisions based on the child’s welfare, and modifications of existing custody orders require a showing of a substantial change in circumstances. In the case of Matter of D’Amico v. D’Amico, 27 A.D.3d 622 (2d Dep’t 2006), the court was faced with the challenge of determining whether a custody modification was warranted due to the mother’s alleged parental alienation.

Factual Background

The case of Matter of D’Amico v. D’Amico involved a custody dispute between Jennifer D’Amico and Nicholas D’Amico, who were the parents of a five-year-old child. The parents were previously divorced and had a joint custody arrangement. The father, Nicholas D’Amico, sought to modify the custody order, alleging that the mother, Jennifer D’Amico, had engaged in parental alienation by interfering with his relationship with their child.

Child custody cases in New York are complex and emotionally charged legal proceedings that require careful consideration of the best interests of the child. One common issue that arises in custody cases is when one parent wants to relocate with the child or children to a different state or country. In such cases, the court is tasked with weighing the competing interests of the parties involved, including the custodial and non-custodial parent, as well as the child’s welfare and education. The primary concern of the court is to ensure that the child’s best interests are protected and promoted.

When a parent wants to relocate with a child, they are required to obtain the consent of the other parent or obtain permission from the court. The court will carefully scrutinize the circumstances of the case, including the reason for the move, the quality of life the child would have in the new location, and the impact on the non-custodial parent’s relationship with the child. The court will also take into account the age and needs of the child, as well as the child’s preference if the child is of sufficient age and maturity to express a preference. The best interests of the child are the primary consideration in any custody matter, and a court will consider a variety of factors when determining whether a relocation is in the child’s best interests. The case of Matter of Barone v. Ball provides an example of how New York courts handle relocation disputes.

Factual Background

Child custody disputes can be incredibly challenging for all parties involved, and modifications can be especially complex. In New York, the court prioritizes the best interests of the child in all child custody matters. When a parent wishes to modify an existing custody order, they must show a substantial change in circumstances that warrants the modification.

The case of Matter of Shuffler v. Shuffler, 273 A.D.2d 655 (2d Dep’t 2000), illustrates the legal approach that New York courts take when analyzing requests for custody modifications. It shows how important it is for parents to understand the legal standards and requirements that apply to custody modifications in the state of New York.

Factual Background

Child custody disputes are some of the most emotionally charged and legally complex cases that arise in family law. Parents who are going through a divorce or separation must contend with the difficult prospect of deciding who will have custody of their children. In New York, child custody decisions are made based on the best interests of the child, taking into account several factors, such as the child’s age, health, and education. However, when a parent seeks to modify an existing custody order, they must meet a high standard of proof. Specifically, they must demonstrate that there has been a significant change in circumstances since the entry of the prior order and that a modification is necessary to serve the child’s best interests. The case of Matter of Pearson v. Womack provides an illustrative example of how New York courts apply these principles in custody modification proceedings.

Factual Background

In this case, the mother sought to modify the existing custody order, alleging that the father had failed to comply with its terms. In her petition, the mother alleged that the father had failed to adhere to the custodial schedule and that he had been engaging in conduct that was detrimental to the children’s well-being. Specifically, she claimed that the father had failed to comply with the custody order by consistently returning the children late from visits and failing to notify her of changes to the children’s schedule. Additionally, she claimed that the father had been exposing the children to inappropriate behavior, such as drinking in front of them and allowing them to watch violent movies. The mother also alleged that the father had subjected the children to physical abuse, and had threatened to harm her and her family members.

Child custody is often one of the most emotionally charged issues in a divorce or separation case. In New York, the court is guided by the principle of “best interests of the child” when making decisions about child custody. This means that the court considers a variety of factors in determining what is best for the child, including:

• The parent’s ability to provide for the child’s basic needs, such as food, shelter, and medical care.
• The parent’s ability to provide for the child’s emotional and intellectual needs, such as nurturing, guidance, and education.

Child custody disputes can be highly emotional and stressful for both parents and children. When parents are unable to come to an agreement on custody, the court must step in to make a decision based on the best interests of the child. In New York, the rules for child custody are guided by a set of factors that the court considers when determining what is in the child’s best interests. In a contested custody cased, in Matter of Horowitz v. Horowitz the court determined that it was in the best interests of their children to award custody to the father due to the mother’s abusive behavior towards the children.

Factual Background

The Horowitz family consisted of a mother, father, and two children. The couple initially had a joint custody arrangement, but after several incidents of physical and emotional abuse towards the children by the mother, the father sought to modify the custody arrangement to sole custody.

Grandparents play an important role in the lives of their grandchildren. However, when a relationship between a grandparent and grandchild is severed due to the death of a parent or a parental dispute, the legal rights of the grandparent may be called into question. In New York, grandparents have limited legal rights to visitation or custody of their grandchildren.

Under New York’s Domestic Relations Law §72, grandparents have the right to petition for visitation rights with their grandchildren under certain circumstances, such as when one or both of the child’s parents have passed away, or when there is a significant breakdown in the relationship between the grandparent and the child’s parent(s). However, the grandparent must also show that it is in the child’s best interests to have visitation with them, and the court will consider a variety of factors in making this determination. Overall, the law seeks to balance the rights of the grandparents with the best interests of the child.

Factual Background