Child Custody NYC Archives - New York Divorce Lawyer Blog

New York Court Discusses Grounds for Imposing Sanctions in Divorce Cases

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

Divorce judgments are not merely guidelines; they are binding court orders that carry serious legal consequences when ignored. When one spouse refuses to comply with financial obligations or property directives, New York courts may impose sanctions, including fines and even incarceration. A recent New York decision demonstrates how courts evaluate noncompliance with divorce orders and reinforces the power of enforcement tools like contempt as remedies for aggrieved spouses. If you are dealing with a former spouse who is not honoring a divorce agreement, it is critical to consult a skilled New York family law attorney to enforce your rights effectively.

History of the Case

It is reported that the parties were divorced in 2017 pursuant to a judgment that incorporated a stipulation requiring the husband to either purchase the wife’s interest in the marital home for a fixed sum or list the property for sale within a specified period. The husband failed to comply with these obligations, prompting court intervention directing him to list the home and permit the wife to retrieve personal belongings.

Allegedly, after continued noncompliance, the wife moved to hold the husband in contempt. In 2021, the court found him in civil contempt and imposed a fine exceeding $48,000, representing the wife’s share of the home’s equity, along with additional costs. Despite this order, the husband failed to pay the fine. The wife subsequently filed another motion seeking to hold the husband in contempt again and to impose further penalties, including incarceration. The trial court denied that request, leading to the appeal. Continue reading

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