Family Law

VISITATION RIGHTS FOR GRANDPARENTS

Initially, it is established that the grandparents have the right to seek visitation with their daughter. To obtain court-ordered visitation, grandparents must first demonstrate standing based on statutory grounds. In cases where the parents are alive, the grandparents must prove an existing relationship with their grandchild[ren] or, if the parents obstructed it, show sufficient effort

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TERMINATION OF PARENTAL RIGHTS

When a foster care agency brings a proceeding to terminate parental rights on the ground of permanent neglect, it must, as a threshold matter, prove by clear and convincing evidence that it has fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the parent-child relationship. Those efforts must include counseling, making suitable

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IF A PARENT IS EFFECTIVELY COMPELLED TO PRACTICE A RELIGION, RATHER THAN MERELY DIRECTING THE PARENT TO PROVIDE THE CHILD WITH A RELIGIOUS UPBRINGING, THE PROVISION MUST BE STRICKEN

In the absence of a written agreement, the custodial parent may determine the religious training of a child. Consistent with the children’s best interests, courts may properly direct noncustodial parents, during periods of parental access, to respect the children’s religious beliefs and practices and make reasonable efforts to ensure the children’s compliance with their religious

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CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME…

CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME… THAT A PARENT REPORTS ON THEIR TAXES 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

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Compassion for the Client, Aggression for the Adversary

Gildin and Chapman is a boutique style law firm emphasizing all aspects of Family Law, Criminal Defense and Appeals. Both Steven Gildin and Brent Chapman have nearly three decades of legal experience successfully handling literally many thousands of cases from the very first call, throughout all litigation and trial and beyond.  With this broad knowledge,

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NO VISITS IF PARENT IS NOT VACCINATED

The Court restricted the non-vaccinated parent’s access to the child until they were vaccinated or underwent regular testing. New York is transitioning towards a “new normal” where citizens are taking precautions to balance staying safe from COVID-19 and its variants alongside the desire to return to some semblance of regular life. The widespread availability of

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A JUDGE HAS NO POWER TO DIRECT ADMINISTRATION OF CHILDREN’S SERVICES TO FILE A NEGLECT CASE

To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte

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JOINT LEGAL CUSTODY ORDERED BY THE COURT

An award of joint legal custody is an aspirational goal in every custody matter and is particularly warranted where the parties are generally able to communicate with one another in a cooperative fashion. Although the parties have had disagreements about certain aspects of parenting, the record demonstrates that there is a modicum of communication and

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WHEN YOU WANT TO CHANGE THE TERMS OF A DIVORCE AGREEMENT, A NEW, SEPARATE CASE MUST BE FILED

A stipulation of settlement which is incorporated but not merged into the parties’ judgment of divorce may be reformed only in a plenary action. Family Court does not have jurisdiction to modify a separation agreement. Deborah K. v. Richard K., 2022 WL 618996 (1st Dep’t.  2022) The Law Offices of Steven Gildin CALL STEVE TODAY

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GIRLFRIEND WHO HAD CONFLICTS WITH MOTHER NOT RESTRICTED FROM FATHER’S VISITS ; AN ATTORNEY FOR THE CHILD IS NOT APPROPRIATE FOR A CHILD THAT IS TOO YOUNG TO COMMUNICATE

Family Court has the power to impose restrictions on a child’s interactions with third parties during visitation if it is in the child’s best interests to do so.  Here, the record establishes that there were verbal and physical altercations between the mother and the girlfriend during the exchanges of the child. However, there is no

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