Child Custody, Visitation & Relocation

Non-Biological Grandparents Not Entitled To Intervene In Child Custody Matter

Apr 20, 2021

Grandparents are not entitled to intervene in this custody matter as to one of three children where they were not biologically related to that child and both parents had at least some form of care and control of the child. The courts denied grandparents petition to intervene. Defendant Desiree Helm is the mother of three […]

TRIAL COURT SHOULD HAVE ALLOWED PARENTS’ REQUEST TO INTERVEIW CHILDREN ON GRANDPARENTS’ VISITATION REQUEST

Apr 19, 2021

Trial court abused discretion in adopting hearing officer’s report recommending granting grandparent supervised physical custody where hearing officer failed to address statutory custody factors and denied parent’s request to have children testify as to their wishes regarding grandparent’s request. Order of the trial court vacated, case remanded. Mother M.F. appealed from the trial court’s order […]

Grandparents Awarded Primary Custody Of Grandchildren Over Father

Mar 09, 2021

Despite the statutory presumption in favor of the child’s natural father, the clear and convincing evidence rebutted the presumption and led the court to conclude that it was in the minor child’s best interest to maintain an order granting primary custody to his grandparents, who had cared for the child most of his life. The […]

MOTHER’S CHILD RELOCATION REQUEST GRANTED BASED ON QUALITY OF LIFE & EMOTIONAL BENEFIT

Jan 08, 2021

While mother proposed moving to a different state, the distance was only about two hours by car and the relocation would enhance the quality of life for both mother and children by eliminating a significant round-trip commute from Monroe County to Staten Island, New York each weekend for mother’s job and the children’s school. The […]

FATHER GRANTED PRIMARY PHYSICAL CUSTODY AFTER FATHER PRESENTED EVIDENCE OF TEXT MESSAGES, CHAT LOGS AND OTHER ELECTRONIC COMMUNICATION OF MOTHER

Jan 05, 2021

In this custody modification matter, evidence of electronic communications was properly authenticated. The court denied mother’s motion for a new trial. The parties had shared custody of their two minor children. In November 2019, mother filed a complaint to modify custody. She asked the court to grant her primary physical custody. Father later indicated that […]

COURT GRANTED PRIMARY PHYSICAL CHILD CUSTODY TO FATHER

Nov 16, 2020

The court modified a custody order to award primary physical custody to father. Although both parents provided adequate care, mother’s boyfriend had a criminal history and father engaged in more activities that were beneficial to the child. The parties were the parents of a five-year old child. The court entered a custody order in September […]

COURT GRANTED CHILD RELOCATION TO AN AREA 90 MINUTES AWAY

Nov 09, 2020

Awarding mother primary physical custody was in the best interests of the children. The court also granted her request to relocate with the children to an area approximately 90 minutes away. The parties were the parents of two minor children, ages 9 and 14. Mother filed a complaint for custody and a notice of proposed […]

CAN A PRENUPTIAL AGREEMENT COVER CUSTODY AND CHILD SUPPORT

Sep 10, 2020

While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce any such details if they are against public policy or if the court believes it is not in the best interests of the child to enforce them. Child Support and Prenuptial […]

Father Was Required To Pay Child Support Even Though He Had Primary Physical Custody

Feb 20, 2020

Trial court did not abuse its discretion in holding that father was obligated to pay child support of $1,500 per month to mother even though her custody percentage had been reduced. Parents married in 2005, separated in 2009, divorced in 2011 and had one child. Father agreed to pay $2,800 a month in child support […]

CHILD SUPPORT—-PATERNITY BY ESTOPPEL

Dec 13, 2019

Trial court did not abuse its discretion in holding that it was in child’s best interest for appellant to be liable for child support based on the doctrine of paternity by estoppel because appellant had a long-term in loco parentis, relationship with child that began when child was an infant, he held himself out as […]