NYC Divorce Laywer 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 Examines Rights of Surviving Spouse Granted Via Marital Agreements

Published on: January 29, 2026 | by Rudyuk Law Firm

Family law disputes do not always end with divorce or death. In many cases, unresolved marital agreements resurface after a spouse passes away, placing surviving family members in prolonged litigation. A recent New York decision illustrates how prenuptial agreements, marital housing rights, and waiver of spousal interests can become central family law issues long after a marriage has ended by death. If you have questions about your rights regarding a prenuptial agreement, it is critical to consult an experienced New York family law attorney to protect your interests.

Case Setting

It is reported that the plaintiff commenced an action seeking possession of a cooperative apartment following the death of the decedent. Allegedly, the defendant was the decedent’s surviving spouse who continued to reside in the apartment despite prior court proceedings addressing her rights under a marital trust and a prenuptial agreement.

It is alleged that earlier litigation determined that the defendant could not compel the cooperative to transfer the apartment shares into a marital trust and therefore had no legal right to occupy the apartment. Following that determination, the plaintiff sought ejectment and a declaration of exclusive possession.

Reportedly, the defendant responded by asserting counterclaims, alleging that her waiver of spousal inheritance rights was invalid for lack of consideration and that the prenuptial agreement obligated the plaintiff to provide a comparable replacement residence. The trial court entered a default judgment on the ejectment claims and dismissed all counterclaims, prompting the appeal.

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