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change in circumstances Archives - Petroske Riezenman & Meyers, P.C.

JULY 20, 2022 DECISIONS

By | Caselaw Update

Matter of Jean-Baptiste v. Jean-Baptiste, 2021-07992 The Family Court properly denied the father’s objections to the Support Magistrate’s order.  Although the father is correct that the finding regarding his weekly income was not supported by evidence before the Support Magistrate, the Second Department nonetheless affirms since he failed to establish…

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JULY 13, 2022 DECISIONS

By | Caselaw Update

Matter of VanDunk v. Bonilla, 2021-04240 The parties have two children together.  In a prior custody proceeding, the Family Court, Rockland County, awarded joint legal custody to the parties and sole physical custody to the father.  In May 2020, the mother commenced this family offense proceeding seeking an order of…

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JUNE 22, 2022

By | Caselaw Update

Matter of Hamid v. Ramroop, 2021-04671 The father appeals from a Family Court order that denied the father’s objections to an order which, after a hearing, and upon findings of fact, dismissed his petition for child support without prejudice. The Family Court properly denied the father’s objections on the grounds…

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JUNE 15, 2022 DECISIONS

By | Caselaw Update

Matter of Hogan v. Smith, 2021-05856 The parties have joint physical and legal custody.  In March, 2021, the the father petitioned to modify the order seeking final decision-making authority regarding the children’s education.  A virtual appearance was held on March 23, 2021, at which the Family Court, noting the “history”…

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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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