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best interests of the child Archives - Petroske Riezenman & Meyers, P.C.

JUNE 8, 2022 DECISIONS

By | Caselaw Update

Matter of Thomas v. Mobley, 2020-06449 In 2015, the parties agreed to an Order which awarded them joint custody of their child, with residential custody to the mother, and parenting time to the father, and a restriction that neither party may relocate the child outside of Suffolk or Nassau County…

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MAY 25, 2022 DECISIONS

By | Caselaw Update

Gluck v. Gluck, 2020-01458 In an action for divorce, the parties entered into a Stipulation of Settlement wherein they agreed to divide the defendant’s pension.  The defendant’s entire career with the NYPD occurred during the marriage, but his pension included a portion for service and a portion for accident disability. …

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MAY 11, 2022 DECISIONS

By | Insights & News

Matter of Englert v. Hilton, 2021-01424 the father appealed from a Family Court order, dated December 14, 2020,  made without a hearing, that dismissed his petition to modify a prior order dated December 17, 2017, made on consent of the parties, so as to extend his drop-off times to 8:30…

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APRIL 13, 2022 DECISIONS

By | Caselaw Update

Matter of Fitzsimmons v. Fitzsimmons, 2019-07672 The Family Court determined that it was in the best interests of the children for the mother to have sole residential custody.  However, the attorneys for the children, in their briefs submitted to the Second Department, have brought new allegations since the order under…

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April 29, 2020 Decisions

By | Caselaw Update

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

By | Caselaw Update

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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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

By | Caselaw Update

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

By | Caselaw Update

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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January 15, 2020 Decisions

By | Caselaw Update

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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