In New York, corporal punishment by a parent is not automatically considered abuse or neglect. The law allows for reasonable physical discipline, but when the actions of a parent result in physical injury or pose a risk to a child’s physical or mental health, they may cross the line into neglect. In Matter of Z.V.
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Court Weighed Whether to Allow Visitation Assessment in Pending Neglect Case. Matter of Z.V., Docket No. NN-xxxxx-24
In New York, parents may discipline their children, including using reasonable corporal punishment. However, when that discipline becomes excessive or causes harm, it can cross the line into child neglect or abuse under the Family Court Act. When the Administration for Children’s Services (ACS) receives a report of suspected child neglect involving physical force, it…
Court Dismissed Neglect Petition Against Mother. Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U)
In New York, parents are legally permitted to discipline their children using reasonable corporal punishment. However, when that punishment causes injury or creates a risk of harm, it may be considered abuse or neglect under the Family Court Act. In Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U), the court considered whether a mother’s…
Request to Amend Child Maltreatment Report Denied. Matter of Johnny S. v New York State Off. of Children & Family Servs. 2025 NY Slip Op 01852
In New York, the Statewide Central Register of Child Abuse and Maltreatment (SCR) maintains records of indicated reports of abuse and neglect. These reports can affect a person’s ability to work with children or adopt. In the case of Matter of Johnny S. v. New York State Office of Children & Family Services, the Appellate…
Grandmother’s Right to Seek Custody in New York
In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness of the parent, or other…
Court Ordered Temporary Custody Changes Pending Trial. B.N. v. J.N., 2024 NY Slip Op 51029(U)
Child custody cases often present the court with difficult decisions that impact the well-being of a child. In the matter of B.N. v. J.N., the New York Family Court was asked to decide whether temporary changes to a custody agreement were needed after serious allegations were raised and the parenting relationship broke down. The court…
Court Adjusts Parenting Time in a Child Custody Case. Matter of Chad KK. v. Jennifer LL., 2023 NY Slip Op 04620 (3d Dep’t)
In New York, custody decisions are based on what is in the best interests of the child. These cases can involve difficult questions about parenting time, joint legal custody, and changes in a child’s mental and emotional condition. In Matter of Chad KK. v. Jennifer LL., the Appellate Division, Third Department reviewed a Family Court…
Paternal Grandmother Granted Custody After Mother’s Long Absence. Matter of Bhanmattie H. v. Roxanne H., 2017 NY Slip Op 27192
In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and present care, the fitness of…
Mother Permitted to Relocate with Teen Daughter to California in Custody Dispute – K. v. V., 2024 NY Slip Op 50460(U)
In New York, a parent who wants to relocate with a child must show by a preponderance of the evidence that the move will serve the child’s best interest. Courts consider several factors, including the reasons for the move, the relationship between the child and each parent, the impact of the move on the child’s…
Court Addresses Custody While Parents Still Living Together. David v. Stephanie, 2021 NY Slip Op 21223
In New York child custody cases, courts must decide what arrangement is in the best interests of the child. Custody decisions are based on many factors, including each parent’s relationship with the child, ability to provide care, and willingness to support the child’s relationship with the other parent. In most custody cases, the parents are…