Child Custody Archives - New York Divorce Lawyer Blog

New York Court Discusses Grounds for Restricting Petitions in Family Law Cases

Published on: February 13, 2026 | by Rudyuk Law Firm

Custody disputes rarely remain static after a divorce is finalized. Changes in a parent’s mental health, parenting involvement, or the child’s needs can quickly raise serious questions about whether an existing custody arrangement still serves the child’s best interests. A recent New York decision reinforces a critical principle of New York family law: when a parent presents sufficient evidence of changed circumstances affecting a child’s welfare, courts must permit a full hearing rather than dismiss the request outright. If you are seeking to modify custody or defending against a modification petition, it is essential to talk to an experienced New York child custody attorney about how you can protect both your parental rights and your child’s well-being.

History of the Case

It is reported that the parties divorced in 2019 pursuant to a judgment incorporating a prior stipulation granting the father joint legal custody and primary residential custody. The custody arrangement was later modified by a court-approved stipulation entered in 2021.

Allegedly, in 2024, the father filed a petition seeking sole legal and residential custody of the child, while the mother filed a cross-petition requesting increased parental access and expanded decision-making authority. The trial court issued an order prohibiting the father from filing any further custody-related petitions without prior written permission and dismissed his modification petition without conducting a hearing. The father appealed both determinations.

New York Court Discusses Jurisdiction Over Custody Cases

Published on: December 19, 2025 | by Rudyuk Law Firm

In interstate and international custody disputes, even the most urgent requests can be denied if the court lacks proper jurisdiction over a parent. In other words, procedural rules governing service of process and notice are not mere technicalities but fundamental safeguards that ensure fairness and due process. A recent New York decision demonstrates how failures in service can invalidate custody orders entirely, even after a court has granted sole custody by default. If you are involved in a custody dispute that crosses state or international borders, it is critical to consult an experienced New York family law attorney before taking action that could later be vacated.

History of the Case

It is reported that the parties are the parents of a child subject to a prior custody order issued in another state, which granted the mother primary custody. Allegedly, the father later filed a petition in New York Family Court seeking to modify that out-of-state custody order and obtain sole legal and physical custody of the child. The mother was living outside the United States at the time the petition was filed.

Allegedly, the Family Court granted the father’s petition on default after authorizing service on the mother by email and directing the initiation of international service. The court awarded the father sole legal and physical custody of the child without visitation to the mother. It is alleged that the mother later moved to dismiss the proceeding and vacate the custody order, arguing that the court never acquired personal jurisdiction over her due to improper service. The Family Court denied that motion, and the mother appealed. Continue reading

New York Court Explains When a Parent’s Consent Is Not Required for Adoption

Published on: December 4, 2025 | by Rudyuk Law Firm

Blog-post-TEMPLATE-3-e1764861263696-300x211 In New York family law, few issues are as emotionally charged as disputes over a parent’s right to consent to a child’s adoption. When a parent has been absent from a child’s life for years, courts must weigh the child’s stability, safety, and emotional needs against the parental rights of a biological parent seeking renewed involvement. A recent New York decision demonstrates how courts approach these difficult cases and underscores the critical importance of parents maintaining contact, communication, and meaningful involvement if they hope to preserve their legal rights. If you are facing an adoption, custody dispute, or questions about parental rights, it is essential to speak with a knowledgeable New York family law attorney who can guide you through these complex proceedings.

History of the Case

It is reported that the child’s unmarried parents welcomed their daughter in 2013. When the father became incarcerated in 2015, he consented to an order giving the child’s maternal great-grandmother sole custody, with visitation to each parent as agreed. The child later moved to live with her maternal grandfather and step-grandmother, who effectively assumed her day-to-day care.

Allegedly, after the father’s release from prison, a 2016 order granted joint legal custody to the father, the mother, the grandparents, and the great-grandmother, with primary placement to the grandparents. The father, however, was reincarcerated for a parole violation and did not resume consistent involvement following his release. In 2022, the grandparents filed a petition seeking to adopt the child, and after a fact-finding hearing, the trial court determined that the father’s consent was not required and allowed the adoption to proceed. The father later filed his own custody petition, which was dismissed for lack of standing. The father then appealed. Continue reading

New York Court Upholds Parenting Agreement

Published on: October 22, 2025 | by Rudyuk Law Firm

Custody disputes can become particularly fraught in high-conflict divorces, especially when one parent seeks to modify a previously agreed-upon arrangement. New York courts, however, are generally reluctant to disrupt a negotiated parenting plan absent clear proof that a substantial change in circumstances has occurred. A recent New York ruling illustrates the legal standard for post-judgment modification and demonstrates the court’s emphasis on stability and procedural fairness in custody and co-parenting matters. If you are seeking to modify a parenting agreement or facing contentious litigation over decision-making authority, it is critical to consult a skilled New York family law attorney who can guide you through the legal framework and advocate effectively for your interests.

History of the Case

It is reported that the parties entered into a comprehensive 73-page stipulation of settlement in 2021, following extensive negotiation and with the assistance of counsel. This agreement granted the parents joint legal custody and nearly equal parenting time, which both parties affirmed as being in the children’s best interests during their court allocution. Despite this agreement, the mother subsequently filed multiple motions to modify the custody terms, seeking sole legal and physical custody, authority to unilaterally appoint a new parenting coordinator, and the appointment of a forensic evaluator and attorney for the children.

It is alleged that the mother filed these modification motions in close succession, just over a month apart, following a prior denial of similar relief. In support of her requests, the mother submitted various allegations, including that the children had suffered bug bites, minor injuries, and expressed dissatisfaction with extracurricular activities. She also raised concerns about the father’s parenting abilities and their inability to effectively co-parent. The court denied the mother’s motions, and she appealed. Continue reading

New York Court Discusses the Best Interest Standard in Custody Matters

Published on: September 25, 2025 | by Rudyuk Law Firm

In New York custody matters, the best interests of the child remain paramount. Yet determining how those interests are best served can be challenging when both parents have actively participated in raising the children, and each seeks primary custody. A recent decision from a New York court illustrates how trial courts evaluate shifting parental dynamics, emotional responsiveness, and a parent’s ability to foster relationships when allocating custodial rights. If you are navigating a custody matter involving complex parenting histories or special needs children, it is essential to speak with a knowledgeable New York family law attorney who can help protect your parental rights and prioritize your child’s well-being.

History of the Case

It is reported that the parties were married and share two children born in 2015 and 2020, both of whom are autistic. Allegedly, after separating in 2020, the parties informally co-parented for several years with minimal conflict. It is reported that in April 2023, the younger child left the father’s residence unsupervised during early morning hours, prompting police involvement. The incident reportedly raised safety concerns and coincided with a significant change in the mother’s relationship with the older child.

Allegedly, the relationship between the mother and the older child deteriorated after the child expressed a desire to leave homeschooling, attend public school, and reside with the father. Reportedly, the mother brought the older child to the father’s home, where he has remained. Subsequently, the mother filed a petition for custody of both children, and the father filed a cross-petition seeking primary custody. By agreement, the parties obtained temporary joint legal custody and shared parenting time. Following a fact-finding hearing and a Lincoln hearing, the Family Court granted the father primary physical custody of the older child, awarded joint legal custody of both children, and established equal parenting time for the younger child. The mother appealed. Continue reading

New York Court Reiterates Grounds for Modifying Custody Orders

Published on: August 13, 2025 | by Rudyuk Law Firm

Custody battles often unfold in emotionally charged environments, but New York courts are not swayed by accusations alone. When one parent seeks to upend a longstanding custodial arrangement, they must present compelling evidence that a material change in circumstances has occurred and that transferring custody serves the child’s best interests. A recent New York decision illustrates the demanding threshold for modifying custody and reaffirms that courts prioritize a child’s emotional well-being, consistency, and stability above all else. If you are navigating a contested custody matter or seeking to enforce or modify a prior order, it is essential to consult with a knowledgeable New York family law attorney who can guide you through the process with clarity and strategic insight.

Case Setting

It is reported that the parties, who were formerly married, are the parents of one child born in 2010. The parties’ marriage was dissolved by judgment in 2018 pursuant to a stipulation that granted the mother sole legal and physical custody, subject to the father’s parenting time. The arrangement continued under several family court orders until 2022, when the father filed a petition seeking to modify custody and obtain sole legal and primary physical custody of the child. The mother cross-petitioned for sole legal custody.

Allegedly, the matter proceeded to a hearing during which the father testified that the mother’s behavior was erratic and detrimental to the child. The father maintained that the child would benefit from a more structured and stable environment in his home. In contrast, the mother refuted the claims and presented testimony that she had consistently supported the child’s relationship with the father, ensured educational and medical needs were met, and provided a consistent and nurturing home environment. Continue reading

New York Court Discusses Grounds for Granting Sole Custody

Published on: July 3, 2025 | by Rudyuk Law Firm

When parents cannot agree on custody arrangements during a divorce, New York courts are tasked with making decisions that serve the child’s best interests, often against a backdrop of heightened emotions and complex family dynamics. A recent decision from a New York court illustrates how courts evaluate caregiving history, parental cooperation, and the child’s expressed preferences when awarding legal and physical custody. For parents navigating a custody dispute, the ruling provides a meaningful look into how courts assess competing claims for legal authority and residential parenting time. If you are involved in a custody dispute or divorce involving minor children, it is crucial to consult with a knowledgeable New York family law attorney to understand how these legal standards apply to your unique circumstances.

History of the Case

It is reported that the parties were married in 2002 and had three children during the course of their marriage. Allegedly, the wife filed for divorce in 2012, and the matter proceeded to a nonjury trial several years later. The trial, which spanned multiple dates between 2018 and 2019, addressed various contested issues, including child custody, child support, maintenance, and equitable distribution. At the time of the judgment in 2023, only two of the parties’ three children were still minors.

New York Court Discusses Relocation Disputes Involving the Hague Convention

Published on: February 13, 2025 | by Rudyuk Law Firm

Few legal battles are as emotionally charged as international child custody disputes. When one parent relocates a child to another country without the other parent’s consent, it raises serious legal and ethical concerns. The Hague Convention on the Civil Aspects of International Child Abduction exists to prevent wrongful removals and ensure that custody disputes are resolved in the child’s home country. A case recently decided by a New York court highlights the importance of legal custody agreements and the challenges parents face when one party disregards a court order. If you are involved in a child custody dispute that extends beyond national borders, it is in your best interest to meet with an experienced New York family law attorney to discuss your rights.

Factual and Procedural Background

It is reported that the father filed a petition under the Hague Convention, seeking the return of his son to Turkey after the mother relocated with the child to the United States without his approval. The parents, who divorced in Turkey, had a custody agreement incorporated into their divorce decree, which granted the mother sole custody. However, allegedly, the agreement also contained specific provisions requiring the father’s approval for major decisions, including the child’s relocation, schooling, and healthcare.

Allegedly despite these provisions, the mother moved the child to the United States without obtaining the father’s consent. The father argued that this move violated his custodial rights under Turkish law, amounting to wrongful retention under the Hague Convention. The mother, in response, contended that her sole custody status in Turkey granted her the unilateral right to decide where the child lived. Continue reading

New York Court Discusses Enforcement of Custody Agreements

Published on: December 18, 2024 | by Rudyuk Law Firm

It is not unusual for parents to enter into custody agreements during divorce proceedings. These agreements are often incorporated into court orders, making them legally enforceable. However, when disputes arise, or significant changes occur, courts are called upon to interpret and enforce these agreements. A recent New York case highlights the challenges of enforcing complex parenting time arrangements and modifying custody agreements. If you are dealing with issues surrounding custody enforcement or modification, it is important to understand your options, and you should speak with an experienced New York child custody attorney.

Background of the Case

It is alleged that the parties resolved their divorce through a Stipulation of Settlement dated June 21, 2023, which incorporated a Final Order of Custody on Consent. This agreement included a highly detailed joint custody schedule that was designed to evolve over time. Initially, the father was granted more parenting time, with the stipulation that nine months later, the arrangement would transition to a 50-50 custody schedule, pending input from the child’s therapist and the child’s preferences.

It is reported that disputes arose when the transition date approached. The mother sought enforcement of the agreement’s 50-50 parenting time provision, arguing that the schedule was clear and non-negotiable. She also alleged that the father impeded the process by failing to facilitate the child’s access to a therapist. The mother further moved for contempt against the father for violating the agreement and requested financial relief related to debts and child support add-ons. Continue reading

New York Court Upholds Order Granting Mother Sole Custody

Published on: December 5, 2024 | by Rudyuk Law Firm

New York courts prioritize the best interests of the child in custody cases, ensuring that any custody arrangement will provide the child with a safe and stable environment. As demonstrated in a recent New York decision, doing so may sometimes require the courts to grant one parent sole custody over the other parent’s objections. If you need assistance with a custody dispute, it is in your best interest to consult with a knowledgeable New York family law attorney.

Factual and Procedural Setting

It is alleged that the mother and father married and had a child together.