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.
In actions commenced on or after October 12, 2010, Domestic Relations Law §170(7) provides for granting a divorce where one party states under oath that “the relationship between husband and wife has broken down irretrievably for a period of at least six months . . . .”
It what may be the first decision to
Last month, recognizing Domestic Violence Month, we reviewed the Second Department decision in Costigan v. Renner which affirmed the granting of custody to a father because of domestic violence by the mother. Indeed, since 1996, consideration of domestic violence has been mandated in custody and visitation cases. Section 240(1) of the Domestic Relations Law provides
Both President Obama and Governor Paterson have officially proclaimed October to be Domestic Violence Month.
Four years after the Legislature in 1996 mandated consideration of domestic violence in custody and visitation cases, Kim Susser in her 2000 Fordam Urban Law Journal article noted that it was “evident that the amendment failed to change the behavior