Modification of an existing court-sanctioned custody or parental access arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child[ren]. The best interests of the children must be determined by a review of the

The level of child support is determined by the parents’ ability to provide for their children rather than their current economic situation. A court need not rely upon a party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated future potential earnings. The court may

YOU MUST BE KIDDING – – I CAN’T MOVE WITH MY CHILDREN A MERE 12.5 MILES ? A parent seeking leave to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child’s best interests. In determining whether a proposed move is

At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving by a preponderance of the evidence that the subject child was neglected. Unlike other forms of neglect, which require a showing that a child’s well-being has been impaired or is in imminent danger

YOU MEAN EVEN THOUGH MY KID GET’S THEIR OWN MONEY EACH MONTH FROM SOCIAL SECURITY, I STILL HAVE TO PAY REGULAR CHILD SUPPORT TO HIS MOTHER ? AND IF I OVERPAID MY CHILD SUPPORT, I CAN’T GET A REFUND ? We further find no error in the Support Magistrate’s denial of the father’s application for

After finding that a change in circumstances had occurred since the entry of the prior order, Family Court accordingly proceeded to a best interests analysis that, contrary to the mother’s contention, appropriately weighed the past performance and relative fitness of the parents, their willingness to foster a positive relationship between the children and the other