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Caselaw Update

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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February 5, 2020 Decisions

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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…

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January 29, 2020 Decisions

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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….

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January 22, 2020 Decisions

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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 the father’s objections to an order issued…

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January 15, 2020 Decisions

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Unequal division of assets not supported by the record, Maintenance vacated on newly discovered evidence of $800,000 error in retirement asset value Achuthan v. Achuthan, 2016-12655; 2018-05634 The plaintiff appealed from a judgment of divorce of the Supreme Court, Suffolk County (Reilly, J.), dated October 21, 2016 which, inter alia,…

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January 8, 2020 Decisions

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Father Barred from Equitable Estoppel Defense to Paternity of 17 Year Old Matter of R.-D. (Anonymous) v. P. (Anonymous), 2018-13792, 2018-13793 The Family Court dismissed the mother’s petition for paternity and application for a genetic marker test on the grounds of equitable estoppel. The mother appealed, and the Second Department…

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