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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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WHAT HAPPENS TO EXISTING CHILD SUPPORT PAYMENT OBLIGATION IF ONE OF THE CHILDREN TURNS 21

The parties, who have three children together, were divorced by a judgment of divorce dated June 20, 2017. The judgment incorporated, but did not merge, a so-ordered stipulation of custody and access dated December 8, 2016, and a stipulation between the parties resolving issues of, inter alia, maintenance and child support that was placed on

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CAN A NON-PARENT OBTAIN CUSTODY OF A CHILD INSTEAD OF THE CHILD’S PARENT?

In a child custody dispute between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness or other extraordinary circumstances. This rule applies even when, as here, a prior order

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A court is to set a specified schedule for visitation and not leave it open ended

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

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Even if a parent’s drug use is not done in the presence of their child, it can still a basis of child neglect

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

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And if i overpaid my child support, i can’t get a refund ?

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

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A parent’s ability to foster relationship between child and other parent is a key factor in custody

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

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