The Governor’s Executive Order shutting non-essential businesses will undoubtedly save many lives, but for those New Yorkers now sheltering at home with an abusive spouse the immediate result is far from safe. Thankfully, help can still be found in the court system. Although the courts have responded to the need…
Unfortunately, even though much of our day-to-day activities are put on hold during a public health crisis, child custody and visitation disputes continue. In fact, they may even be worse. With schools closed and government authorities mandating people to stay at home, many parents are worried about their children. Heightened…
There were no matrimonial or family law case decisions handed down this date in the Second Department.
Family Court properly held consent of incarcerated father was not required for adoption of newborn where he failed to assert his ability and willingness to assume custody Matter of O. (Anonymous), Baby Boy, 2018-14246; Matter of O. (Anonymous), Baby Boy, 2019-02546 The biological father was incarcerated during the birth mother’s…
Modification of custody supported by a sound and substantial basis in the record; Mother granted sole custody where Father’s behavior resulted in fear and anxiety in the children Matter of Solomon v. Fishman, 2018-08743; Matter of Fishman v. Solomon, 2018-08934 The father appealed from an Order of the Family Court…
Effective March 1, 2020, the income cap for child support calculations is $154,000 (previously $148,000), and the cap for maintenance calculations is $192,000 (previously $184,000). In New York, the amount of child support to be paid by the non-custodial parent is determined using a formula set forth in the statute…
Father’s consent to adoption of child born out of wedlock not required; Father failed to maintain regular visitation or communication with the child Matter of G. (Anonymous), L., 2019-01888 In an adoption proceeding, the father appealed from an order which confirmed the report of a Judicial Hearing Officer, made after…
Petroske Riezenman & Meyers is pleased to announce that Philip Castrovinci has joined the firm as an Associate attorney. Philip is a 2018 graduate of Touro College Jacob D. Fuchsberg Law Center, and was admitted to the New York Bar in 2019. He was most recently associated with the Holbrook…
Family Court erred in denying mother’s petition for relocation, Mother established move to South Carolina is in children’s best interests Matter of Masiello v. Milano, 2019-01886; Matter of Milano v. Masiello, 2019-01886 The mother appealed from an Order of the Family Court which, after a hearing, denied her petition for…
Family Court properly dismissed custody modification proceeding where prior petition was pending for the same relief Matter of Thelot v. Patterson, 2018-04281 Appeal from an order of the Family Court which dismissed the mother’s petition to modify custody on the grounds that another petition was pending for the same relief….
