On the night of August 24, 2013, the father received an email from the mother stating that she and the children had moved from East Hampton to Westhampton Beach—a distance of about 32 miles. Under their divorce settlement stipulation entered just 3 months earlier, it was agreed that the parties would share joint custody of… Continue Reading
Two of three November 5, 2014 custody decisions of the Appellate Division, Second Department, reversed Family Court determinations. In the only affirmance in Mondschein v. Mondschein, the Second Department upheld the order of Westchester County Family Court Judge David Klein which, after a hearing, granted a father’s petition to modify the custody provisions of the parties’ divorce… 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
Three appellate decisions published the last week in October provide a primer on awards of custody to non-parents.
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