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

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

By | Caselaw Update

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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January 8, 2020 Decisions

By | Caselaw Update

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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