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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance of order of custody to maternal aunt over the biological father.

Matter of Frances M.L. v Luis F.O.C., 187 AD3d 507 (1st Dept. 2020

In this child custody matter, the First Department concurred with my arguments that Family Court appropriately granted custody to the maternal aunt over the biological father.  The Court agreed with me that the aunt established the requisite extraordinary circumstances to demonstrate her standing to seek custody of the children, her niece and nephew, after their mother died in February 2018 by being involved in the children’s upbringing throughout their lives, while respondent was largely absent from the children’s lives.

The Court also accepted my arguments that the record supports the court’s finding that it is in the children’s best interests to be in petitioner’s custody.  The aunt supported the children for the majority of their lives and provided them with a stable and loving home where they are thriving, all their needs are met, and they wish to remain By contrast, respondent has not been involved in the children’s education, medical care, and day-to-day lives; he has never lived with them or cared for them for any length of time

http://www.nycourts.gov/reporter/3dseries/2020/2020_05683.htm