Legal Opinion

Williams v. Dowgiallo

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

Decided December 20, 2011PublishedCited by 8 opinions

1Opinion of the Court

At the time the instant custody proceeding was commenced by the mother in March 2010, there was no custody order in effect. During the pendency of the proceeding, the father was awarded temporary custody without a hearing. The award of temporary custody to a parent before a hearing is conducted is only one factor to be considered in awarding permanent custody; the permanent award made after a hearing is treated as an initial custody determination, and the Family Court is not required to engage in a change-of-circumstances analysis before awarding custody to the other parent (see Matter of…

2Cases cited7 opinions

  1. Ortiz v. MaharajAppellate Division of the Supreme Court of the State of New York · 2004
  2. Quinones v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2010
  3. Khaykin v. KanayevaAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rhodie v. NathanAppellate Division of the Supreme Court of the State of New York · 2009
  5. Kreischer v. PerryAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by8 opinions

  1. Matter of McPherson v. McPhersonAppellate Division of the Supreme Court of the State of New York · 2016
  2. Tinger v. TingerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Holohan v. LevensAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Edick v. GagnonAppellate Division of the Supreme Court of the State of New York · 2016
  5. N.M. v. R.G.New York Supreme Court · 2014

3 more not listed; retrieve them via the Exa API.

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