Custody

Published on: April 3, 2025

Grandmother’s Right to Seek Custody in New York

by Stephen Bilkis

In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness of the parent, or other situations where it is in the child’s best interest to be placed with someone other than the biological parent. New York’s Family Court Act and case law, including decisions like Matter of Bennett v. Jeffreys, 40 N.Y.2d 543 (1976) and Matter of Suárez v. Williams, 26 N.Y.3d 440 (2015), allow courts to evaluate the child’s best interests in these situations, even when parents are not unfit.

In the case of a grandmother seeking custody, there are several important factors to consider, including the child’s age, the nature of the parent’s involvement, and the best interests of the child.

Case of Rose

Published on: April 2, 2025

Court Ordered Temporary Custody Changes Pending Trial. B.N. v. J.N., 2024 NY Slip Op 51029(U)

by Stephen Bilkis

Child custody cases often present the court with difficult decisions that impact the well-being of a child. In the matter of B.N. v. J.N., the New York Family Court was asked to decide whether temporary changes to a custody agreement were needed after serious allegations were raised and the parenting relationship broke down. The court reviewed claims of interference, abuse, and threats, and issued several interim orders while the case moved toward a full hearing.

In custody matters, courts are guided by the best interests of the child. Judges consider several factors, including the stability of each parent’s home, the history of caregiving, the ability of each parent to support the child’s emotional and developmental needs, and the willingness of each parent to encourage a relationship with the other parent.

Background Facts

Published on: March 31, 2025

Court Adjusts Parenting Time in a Child Custody Case. Matter of Chad KK. v. Jennifer LL., 2023 NY Slip Op 04620 (3d Dep’t)

by Stephen Bilkis

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.

Published on: March 24, 2025

Paternal Grandmother Granted Custody After Mother’s Long Absence. Matter of Bhanmattie H. v. Roxanne H., 2017 NY Slip Op 27192

by Stephen Bilkis

In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and present care, the fitness of each party, and the strength of their relationships with the child. In Matter of Bhanmattie H. v. Roxanne H., the Family Court considered whether a grandmother who had cared for a child most of her life should receive custody after the child’s father passed away and the mother regained physical possession of the child.

Background Facts
Sydney, the child at the center of the case, lived in her paternal grandparents’ home from the time she was an infant. Although both parents initially lived there, the mother moved out when Sydney was very young. She briefly took Sydney with her but returned her to the father within two weeks. Sydney then continued living with her father and paternal grandmother.

When the parents divorced in 2011, the mother agreed to give the father primary residential custody. She rarely exercised her visitation rights and provided little to no financial support for Sydney.

Published on: March 17, 2025

Mother Permitted to Relocate with Teen Daughter to California in Custody Dispute – K. v. V., 2024 NY Slip Op 50460(U)

by Stephen Bilkis

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

Published on: March 10, 2025

Court Addresses Custody While Parents Still Living Together. David v. Stephanie, 2021 NY Slip Op 21223

by Stephen Bilkis

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.

Published on: February 15, 2025

Court awarded sole custody to the mother, emphasizing stability, her caregiving role, and father’s undermining behavior. Vickie F. v. Joseph G., 195 A.D.3d 1064 (N.Y. App. Div. 2021)

by Stephen Bilkis

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 superior parenting abilities. The court’s primary focus is the child’s safety, emotional health, and overall stability. Factors such as the parents’ ability to cooperate, the child’s preferences, and the home environment are also considered to ensure decisions promote the child’s well-being.

This case involved a contentious custody dispute between two parents as part of divorce proceedings in Saratoga County. The Supreme Court awarded sole legal and physical custody of the children to the mother. The father challenged this decision, arguing that the court erred in its determination and violated his procedural rights during the hearing and trial process.

Background Facts

Published on: December 24, 2024

Father’s abandonment of child resulted in being denied custody. Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021

by Stephen Bilkis

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 the child and addressing claims of abandonment and extraordinary circumstances.

While New York courts favor parents having custody of their children, for a variety of reasons, parents can be denied custody. One reason is abandonment. Abandonment occurs when a parent demonstrates a clear intent to relinquish their parental rights and obligations, often through a pattern of conduct that involves a lack of contact, support, or involvement in the child’s life.

The New York courts recognize abandonment as a serious issue that can detrimentally affect a child’s well-being. According to Social Services Law § 384-b(5)(a) and Domestic Relations Law § 111(2)(a), a parent may be deemed to have abandoned their child if they fail to visit or communicate with the child, demonstrating a disregard for their parental responsibilities.

Published on: December 18, 2024

Grandparent seeks custody in an interstate case. Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

The case of Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023) is a complex child custody case. Not only does it involve a grandparent seeking access to her grandchild, it also has interstate elements.

The Interstate Compact on the Placement of Children (ICPC) is a statutory agreement among all 50 states, the District of Columbia, and the U.S. Virgin Islands that governs the placement of children across state lines. It was created to ensure that children placed out of their home state for foster care or adoption receive the same protections and services that would be available if they remained in their home state. Additionally, the ICPC ensures that the placement is in the best interests of the child and is safe and suitable before it is finalized.

Background Facts

Published on: December 17, 2024

Appellate Division ordered a hearing to resolve custody disputes and parental access modifications. Trazzera v. Trazzera, 158 N.Y.S.3d 158 (N.Y. App. Div. 2021)

by Stephen Bilkis

In custody disputes, courts prioritize the child’s best interests, considering circumstances that may necessitate modifications to prior agreements. This case addresses a post-divorce dispute where both parents sought modifications to their custody and parental access arrangements. The Supreme Court initially ruled without a hearing, but the appellate court reversed and ordered a hearing to address unresolved issues.

Background Facts

The plaintiff and defendant, parents of one child, divorced in 2019, incorporating a stipulation of settlement into the judgment of divorce. The agreement granted joint legal custody, joint decision-making authority, and residential custody to the defendant, with parental access for the plaintiff.