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change in circumstances 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 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 20, 2022 DECISIONS

By | Caselaw Update

Matter of Trejo v. Pavon, 2018-08382 The mother and father each petitioned for sole legal and residential custody of their child.  Following a hearing that commenced in 2016 and continued until 2018, the Family Court denied the mother’s petition, granted the father’s petition, and awarded the mother unsupervised parental access. …

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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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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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