by PetroskeLaw | Apr 15, 2022 | Caselaw Update
Matter of Fitzsimmons v. Fitzsimmons, 2019-07672 The Family Court determined that it was in the best interests of the children for the mother to have sole residential custody. However, the attorneys for the children, in their briefs submitted to the Second...
by PetroskeLaw | Apr 8, 2022 | Caselaw Update
Matter of Salim v. Freeman, 2021-05278 The mother moved to dismiss the father’s petition for child support on the ground that the Family Court lacked jurisdiction because there was a prior child support order that had been issued by a court in Virginia. The...
by PetroskeLaw | Apr 1, 2022 | Caselaw Update
Matter of Walker v. Sterkowicz-Walker, 2020-04894 The Family Court’s determination to grant the father’s petition to modify a prior order so as to award him sole legal and residential custody of the child has a sound and substantial basis in the record, including...
by PetroskeLaw | Mar 25, 2022 | Caselaw Update
Matter of Bailey v. Ayoub, 2021-00238 The parties are the parents of a child together. In a 2018 order, the parties were awarded joint legal custody, the mother was awarded physical custody, and the father was awarded parental access. On May 1, 2020, the father...
by PetroskeLaw | Mar 18, 2022 | Caselaw Update
Yinuo Yin v. Xiao Feng Qiao, 2021-00733 The lower court properly denied that branch of the plaintiff’s motion which was for an award of pendente lite maintenance, without prejudice, since she failed to attach a statement of net worth to her motion papers (see 22 NYCRR...
by PetroskeLaw | Mar 11, 2022 | Caselaw Update
Fisch v. Davidson, 2021-00155 The Second Department reversed the Order of the Suffolk County Supreme Court which denied the defendant’s motion for change of venue of the divorce action from Suffolk County to New York County. Suffolk County was not a proper...