In New York custody cases, courts often appoint an Attorney for the Child (AFC) to represent the child’s interests and advocate for the child’s wishes. While an AFC’s role in Family Court proceedings is well established, New York courts had
New York Family Law Blog
The New York Family Law Blog, published by Stephen Bilkis, focuses on legal issues related to family law in New York. It covers topics such as custody modifications, relocation requests involving children, parental rights and responsibilities, and the impact of changes in circumstances on custody arrangements. The blog also addresses procedural matters in family court, including the rights of parents in neglect proceedings and the requirements for counsel withdrawal. Cases discussed often involve considerations of the child's best interests, parental fitness, and the logistics of parenting time and relocation. The blog provides analysis of recent court decisions and legal standards applicable to family law disputes in New York.
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Latest from New York Family Law Blog
Child’s Fourth Amendment Claims Reinstated After Emergency Removal From Father’s Custody. K.W. v. The City of New York, No. 24-3042-cv (2d Cir. 2026)
Parents generally have a constitutional right to the care and custody of their children. At the same time, child welfare agencies have a responsibility to protect children from abuse and neglect. When government officials remove a child from a parent’s…
Man Held Responsible for Child Support Despite DNA Evidence Excluding Paternity. Matter of Shondel J. v. Mark D., 7 N.Y.3d 320 (2006)
A child support case does not always turn on biological parentage. In some situations, New York courts will prevent a person from denying paternity even when genetic testing proves that the person is not the child’s biological father. This legal…
Videos Were Not Properly Authenticated. Matter of M.S. (M.H.), 2026 N.Y. Slip Op. 00825 (N.Y. Feb. 17, 2026)
In Matter of M.S. (M.H.), the New York Court of Appeals considered whether Family Court properly admitted video evidence in an abuse proceeding under Family Court Act article 10. The case involved a mother, M.H., her daughter, M.S., and her
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Custody Modification Awarding Father Primary Physical Custody. Matter of Andrea II. v. Joseph HH., 2022 NY Slip Op 01492
The case of Matter of Andrea II. v. Joseph HH. involved two custody modification petitions filed by both parents of a child born in 2014. The matter required the court to decide whether there had been a change in circumstances…
Relocation Condition Removed from Custody Award. Matter of Wright v. Burke, 2024 NY Slip Op 01815
In 2021, both Alex Wright and Sanchel Burke filed custody petitions in the Family Court, Kings County. The case involved their child, who had moved with the mother from Brooklyn to Binghamton. The father sought sole legal and physical custody,…
Relocation Request in Custody Case. Matter of Emily F. v. Victor P., 2024 NY Slip Op 24189
In February 2022, Emily F. filed a petition in the Supreme Court, Bronx County, seeking to modify a 2017 final order of custody and visitation. She requested permission to relocate her child from New York to North Carolina over the…
Father Granted Relocation to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348
In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case examined the legal standard for relocation, the…
Failure to Provide Notice Before Withdrawing Counsel Requires Reversal. Matter of Richard TT. (Kara VV.), 2024 N.Y. Slip Op. 00215
In Matter of Richard TT. (Kara VV.), the Appellate Division, Third Department, considered whether the Family Court of Schenectady County erred in proceeding with a neglect fact-finding hearing without the mother or her attorney present. The case involved important questions…
Mother’s Violation Petition Denied; Father’s Relocation to Florida Granted. Matter of Charlie R. v. Carol Q., 2023 N.Y. Slip Op. 51090(U)
In Matter of Charlie R. v. Carol Q., the Family Court of Tompkins County addressed two petitions involving custody and parenting time for a child born in 2020. The mother filed a violation petition alleging that the father withheld court-ordered…