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Caselaw Update

A weekly summary of divorce and family law decisions issued by the Supreme Court of New York, Second Department.

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April 9, 2020 Decisions

On motion to vacate Child Support Order entered on default, the Family Court erred in requiring father to meet the burden of proving that he was not served with the petition Matter of K. (Anonymous) v. S. (Anonymous), 2019-07754 Appeal from an Order of the Family...

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April 2, 2020 Decisions

In support proceeding, Family Court erred in awarding attorney fees where Father was not given an opportunity to challenge the appropriateness or amount requested Matter of Camarda v. Charlot, 2018-13247; Matter of Camarda v. Charlot, 2018-13248 In February 2015, the...

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March 25, 2020 Decisions

Order Dismissing Nonparent Custody Petitions Reversed; Mother’s Boyfriend and Maternal Grandfather Proved Extraordinary Circumstances Sufficient for Standing Moynihan v. Cohen, Cohen v. Moynihan, Krasnoff v. Cohen, 2019-03088 The mother and the father, Alexander Roy...

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March 4, 2020 Decisions

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...

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February 26, 2020 Decisions

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...

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February 19, 2020 Decisions

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...

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February 5, 2020 Decisions

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...

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January 29, 2020 Decisions

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...

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January 22, 2020 Decisions

Family Court erred in failing to deduct non-voluntary union dues from income for child support purposes, Family Court properly denied claim raised for first time on objections Matter of Julien v. Ware, 2018-11380 Appeal from an Order of the Family Court which denied...

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