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Caselaw Update

May 13, 2020 Decisions

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Supreme Court properly awarded mother sole custody and five year stay away order of protection against father Goikhman v. Biton, 2018-10220; 2018-13511 Following a domestic incident in January 2015, the mother commenced an action for divorce and ancillary relief. The mother was awarded a temporary order of protection against the…

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May 6, 2020 Decisions

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Family Court properly held father willfully violated child support order Matter of Alterman v. Shmushkovich, 2019-06349 The mother commenced this proceeding against the father, alleging that he was in willful violation of a child support order. Following a hearing, the Support Magistrate found, among other things, that the father had…

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April 29, 2020 Decisions

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Supreme Court properly awarded plaintiff 95% of equity in the marital residence where defendant was under house arrest or imprisoned from time of purchase until commencement of divorce Jones v. Jones, 2017-08387 The parties in this case were married in 1990 and have one emancipated child. While the marital residence…

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April 9, 2020 Decisions

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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 Court, Suffolk County, which…

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April 2, 2020 Decisions

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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 father filed a petition for a downward modification of his…

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March 25, 2020 Decisions

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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 Cohen, divorced in 2015 and the mother was awarded sole legal and residential custody of their…

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March 4, 2020 Decisions

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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…

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February 26, 2020 Decisions

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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…

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February 19, 2020 Decisions

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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…

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