Legal Opinion

Mora v. Alatriste

Appellate Division of the Supreme Court of the State of New York

Decided October 11, 2012PublishedCited by 2 opinions

1Opinion of the Court

*541The court committed reversible error when it failed to advise the mother of her right to assigned counsel (see Family Ct Act § 262 [a] [iii]). Reversal is also warranted since the court failed to conduct an evidentiary hearing before modifying the prior order of custody and visitation (see Matter of Santiago v Halbal, 88 AD3d 616, 617 [1st Dept 2011]) and did not afford the mother an opportunity to testify, cross-examine, or present evidence (see Alix A. v Erika H., 45 AD3d 394, 394 [1st Dept 2007]). Accordingly, the matter is remanded for a full evidentiary hearing, at which the court should…

2Cases cited1 opinion

  1. Alix A. v. Erika H.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. Matter of Gustavo D. v. Michael D.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Melinda M. v. Anthony J.H.Appellate Division of the Supreme Court of the State of New York · 2016

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