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Custody & Visitation: Articles

2010 Domestic Violence Legislative Update :
The following is a summary of this session’s domestic violence related bills that passed both houses of the New York State Legislature or were recently signed into law by Governor Paterson. Read More

2009 Domestic Violence Law Legislative Update :
Despite the well-publicized legislative challenges of last summer, a great many bills addressing domestic violence and other issues of interest or concern to families were, ultimately, enacted. Read More

2007 Domestic Violence Legislative Update :
Summaries of the domestic violence-related laws passed in 2007 in New York Read More

New Law Provides Assigned Counsel in Certain Supreme Court Proceedings :
Under Family Court Act §262, certain litigants are entitled to assigned counsel in a myriad of Family Court proceedings including, but not limited to, family offense, custody and visitation, paternity establishment, child welfare, and contempt matters. Read More

Judge Kaye Convenes Statewide Task Force :
In June 2004, Chief Judge Judith Kaye announced the creation of a Matrimonial Commission. This Commission is charged with "examining every facet of the divorce process" in New York and recommending reforms to correct existing problems in both the Supreme and Family Courts. Among other topics, the Commission will consider the complex issues involved in contested custody cases, the use, role and qualification of forensic experts and law guardians, mediation and the use of alternative dispute resolution, collaborative divorce efforts, interim counsel fees, and enforcement of court orders. Read More

First Department Overturns Family Court Findings of Neglect Against Victim of DV :
First Department unanimously overturned a ruling by New York County Family Court, which held that a mother had neglected her three children because at least one of the children was present during an isolated incident of domestic violence perpetrated by the mother’s ex-boyfriend. Read More

Uniform Child Custody Jurisdiction and Enforcement Act :
Governor signed into law the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) replacing the current Uniform Child Custody Jurisdiction Act (UCCJA) Read More

When Can a Court Condition Visitation Upon the Reciept of Counseling: :
There are specific guidelines regarding when a court can mandate therapy and/or counseling when determining visitation rights. The following is a summary of the various cases on this topic in an attempt to clarify exactly how a court can make such an order. Read More

Comparison Chart of New York's Current Interstate Custody Law :
A chart that compares New York’s current interstate custody law, the UCCJA (DRL 75-a), with the proposed UCCJEA, which would replace the UCCJA. Read More