Legal Opinion

Samuel A. v. Aidarina S.

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

Decided October 2, 2012PublishedCited by 4 opinions

1Opinion of the Court

*421Family Court properly declined to conduct a full evidentiary hearing with respect to the petition, as petitioner failed to make any showing that modification of the custody and visitation order is warranted on the grounds alleged in the petition (Matter of Patricia C. v Bruce L., 46 AD3d 399 [1st Dept 2007]; David W. v Julia W., 158 AD2d 1, 6-7 [1st Dept 1990]). Indeed, petitioner admitted that he had failed to visit with the children for at least five months, and there is no indication that joint custody is in the best interests of the children, particularly given the acrimonious…

2Cases cited3 opinions

  1. Weiss v. WeissNew York Court of Appeals · 1981
  2. David W. v. Julia W.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Patricia C. v. Bruce L.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. Boyce v. BoyceAppellate Division of the Supreme Court of the State of New York · 2014
  2. Boyce v. BoyceAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Brandy P. v. Pauline W.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Christina T. v. Thomas C.T.Appellate Division of the Supreme Court of the State of New York · 2019

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