Monthly Archives: November 2025
How Do the New York Courts Employ the “Best Interests of the Child” Standard?
All New York custody disputes are guided by a simple yet profound question: What serves the best interests of the child? Very few cases capture this principle better than Eschbach v. Eschbach. This landmark decision by the New York Court of Appeals still defines custody law to this day. In this article, the Rockland… Read More »
The Principle of Comity in New York State Marriages
In New York family law, questions concerning marriage recognition often arise when couples relocate to New York after marrying elsewhere. The landmark Court of Appeals decision in Godfrey v. Spano reaffirmed New York’s long-standing commitment to comity—the principle that the state generally recognizes the validity of marriages that took place in other states or… Read More »
New York Court Discusses the Modification of Child Support Agreements
New York State doesn’t allow parents to permanently “lock in” a child support amount that doesn’t meet the child’s needs. The Court of Appeals decision in Matter of Brescia v. Fitts remains an important case for when the courts can modify an existing child support order. This case drew a clear line between protecting… Read More »
How the New York Courts Decide Custody and Relocation Cases
Divorced or separated parents who want to move with a child must petition the courts before they do so. The New York Court of Appeals addressed the matter in the Matter of Tropea v. Tropea. This landmark decision reshaped how our courts evaluate custody modification and relocation requests. In this article, the Westchester County,… Read More »