In Matter of Botros v. Botros, 233 AD3d 1029 (2d Dept. 2024), the Appellate Division, Second Department, upheld the trial court’s dismissal of the father’s petition to modify the parental access provisions of the parties’ Judgment of Divorce. The mother therein was awarded sole legal and residential custody of the children and the father had supervised parental access. The Appellate Division held as part of the Decision & Order: “"A court hearing a pending proceeding or action involving...

Family dynamics, especially post-divorce, can be complicated at the best of times. Unfortunately, there are instances where, post-divorce, the relationship between a child of the marriage and a parent, usually the non-custodial parent completely breaks down. The non-custodial parent is the parent who is not the residential parent for purposes of child support and is the parent the child or children do not live with for the majority of the time. In New York, unless stipulated between the...

Family dynamics can be fraught with complications. Adding a divorce into that mixture can sometimesresult in a total and complete breakdown in the relationship between the child or children of a marriage and a parent, usually the noncustodial parent. The noncustodial parent is the parent who is not the residential parent for purposes of child support and is the parent the child or children do not live with for the majority of the time. In New York, unless stipulated between the parties, a...