In five cases decided May 1, 2013, the Second Department continued to voice its concern when parents just don’t get along. Again, the court considered joint custody, hampering the child’s relationship with the other parent, private interviews of children by the judge, contempt for violations of visitation orders, and whether a non-parent may be granted … Continue Reading
In two decisions this month, appellate courts reversed Family Court orders and dismissed petitions for grandparent visitation. In Pinsky v. Botnick, the petitioner was the paternal grandmother. Her son had died at the age of 35, survived by his widow and 4 children, then ages 9, 7, 5, and 3. Her Family Court petition for … Continue Reading
Where the parties’ joint legal custody agreement only provided for each parent to have equal input on all major decisions, including education, but did not provide for conflict resolution, the mother, after a hearing, was awarded temporary decision-making authority. Such was the holding of the April 11, 2013 decision of the Appellate Division, First Department, … Continue Reading
Kings County Justice Matthew J. D’Emic, in his April 3, 2013 decision in E.S. v. S.S., blamed both parents for the stress upon their young daughters. As a result, no change was made to the custody and visitation provisions of the parents’ divorce judgment. Both sides sought changes to the judgment’s visitation schedule. The mother … Continue Reading
In its February 14, 2013 decision in Melody M. v Robert M., the Third Department affirmed an order of now-retired St. Lawrence County Family Court Judge Barbara R. Potter which modified a prior joint custody order to award the father sole custody of the parties’ three children (ages 8, 9 and 12). The Third Department also … Continue Reading
Two decisions this past month involved joint custody awards despite antagonism between the parents and contested custody proceedings. In Prohaszka v. Prohaszka, Supreme Court Putnam County Justice Francis A. Nicolai had awarded the divorcing parties joint legal custody of the parties’ children, with the mother having primary physical custody and final decision-making authority. In its … Continue Reading
In an October, 2012 decision, Kings County Civil Court Judge Harriet Thompson, in Matter of Kobra (Hossain), denied on cultural grounds the applications of a mother, Tamannatul Kobra, to change the names of her children: four and nine-year-old females. The two petitions were supported by the consent the girls’ father, Mosharaf Hossain (Ms. Kobra’s husband). The mother sought … Continue Reading
In a brief August 22, 2012 decision, the Appellate Division, Second Department, in Sano v. Sano, reversed the December, 2011 order of Nassau County Supreme Court Justice Daniel Palmieri and reinstated the provisions of a prior Family Court custody and visitation order under which the mother had been awarded residential custody of the parties’ child. The … Continue Reading
Parents sometimes enter child support agreements which track the presumptive formula set out in New York’s Child Support Standards Act (Family Court Act §413; Domestic Relations Law §240[1-b]). However, parents in their agreements often deviate from the presumptive formula to reflect various considerations. That deviation for a married couple may reflect the delicate balancing of property rights, … Continue Reading
A father’s efforts to push his daughter into keeping a journal disparaging her mother and to be videotaped complaining about her mother caused his visitation to be both supervised and limited. The father’s stated intention to enhance his case that the mother was abusive to her daughter, which both the appointed forensic evaluator and the … Continue Reading
Two May 23, 2012 decisions of the Appellate Division, Second Department, demonstrate the importance in custody determinations of demonstrating whether a parent fosters or hampers the children’s relationship with the other parent. In its decision in Purse v. Crocker, the court affirmed the award of Suffolk County Family Court Referee Kerri Lechtrecker of sole custody … Continue Reading
If the parents reach an agreement resolving custody litigation, may the court approve and order the settlement over the objection of the attorney for the children. Yes, as long as the attorney for the children is given the right to be heard by the court and the court determines that the settlement is in the … Continue Reading
As has been the trend, a court has held that despite what may be the superior parenting skills of one parent, that parent may be denied custody if that parent does not promote the relationship of the children with the other parent. In an April 26, 2012 decision, the Third Department in Jeannemarie O. v. Richard … Continue Reading
In an April 26, 2012 decision, the Third Department affirmed the order of Delaware County Family Court Judge Carl F. Becker which failed to vacate or modify a prior order granting the mother custody of these unmarried parents’ two children. The order also had refused to provide the father with visitation rights. In Ildefonso v. Booker, the appellate … Continue Reading
As noted in the February 8, 2010 post, seven very recent decisions reveal just how present are applications by separated parents to relocate with children. These decisions demonstrate that relocation applications will be decided very much on a case-by-case basis. However, common inquiries are evident: To what extent is the relocation a necessity? To what extent … Continue Reading
Seven decisions published in the last few months reveal just how significant an issue parent relocation remains. Perhaps it results from a difficult economy; perhaps a simple reflection of our mobile society. Whatever the cause, these decisions reveal the judicial system’s agony when trying to predict the “best interest of a child.” Four of these decisions … Continue Reading
Courts have recognized that it is in the best interests of a child to travel with a parent. A court may provide relief when one parent unreasonably withholds consent from the other parent to travel with a child and compel a divorced parent to cooperate with the other parent to secure a passport for a child (Arroyo … Continue Reading
On October 27, 2011 the Appellate Division, Third Department, affirmed the April 21, 2010 Order of Broome County Family Court Judge Mary Connerton switching primary physical custody of their 8- and 10-year old children from the mother to the father. The parties continue to share joint legal custody. In Brown v. Brown, The appellate court … Continue Reading
In fact, we may have all failed the Y. family children (name deleted at the request of the family). Their parents have spent the last four years fighting in court. Their custody litigation will likely last at least another two years. The result: one child who may be suicidal; the other self-mutilating. Reading appellate court decisions … Continue Reading
In an effort to help parents in high-conflict decision-making disputes, New York courts are now appointing “Parenting Coordinators.” Professor Andrew Schepard of the Hofstra University School of Law in his article, “Parenting Coordinator for High Conflict Parent” N.Y.L.J., 5/8/03, p. 3 col. 1, explained the role of Parenting Coordinator as “a combination educator, mediator and … Continue Reading
Three appellate decisions published the last week in October provide a primer on awards of custody to non-parents.
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Shlomo Scholar and Shoshana Timinisky married in 2005. They had one child the next year. The year after that they entered a stipulation of settlement to resolve their divorce action. Included in that stipulation was the parties agreement that Ms. Timinisky would have sole custody of the parties’ child. However, the parties also agreed that … Continue Reading
The May 5, 2011 decision of the Appellate Division Third Department in Munson v. Fanning, highlights the need for difficult discussions and prioritization before taking life-altering steps. It is also another call for the expanded use of the Collaborative Law Process. In this case, the parties’ 12-year old daughter had been born after her parents had … Continue Reading
There is perhaps no greater opportunity for courts to state their philosophies or to become instruments of social change than in cases involving the surnames of children of divorced and unmarried parents. Take the March 29, 2011 Second Department case of Matter of Eberhardt. In that case, Mariah, the now nine-year-old daughter of Michelle Esquenazi … Continue Reading
