Bousquet Holstein attorney Rosemary Lepiane won three motions to dismiss parental time requests from non-custodial parties after her client moved her child out of state.
Lepiane’s client had previously filed an order of protection after suffering domestic violence from the child’s father. Thereafter, the client and child moved to a different county in-state and over the span of five years, the father had never claimed parental rights in court, until Lepiane’s client moved out of state. Upon the client’s out of state move the father filed a petition for custody. Concurrently, both sets of the child’s grandparents filed for parenting time.
Lepiane filed motions to dismiss all three custody petitions on grounds of forum non conveniens (inconvenient forum or place) and successfully argued that the child and mother should not be required to return to the state. Her client will not need to bring the child back to New York, and further requests for custody will need to occur in her new state of residence.
Rosemary Lepiane
Rosemary Lepiane is a divorce and family law attorney at Bousquet Holstein PLLC. Rosemary represents clients in uncontested, litigated, collaborative, and mediated divorces. Her goal in every case is to provide her clients with a sense of closure and stability. As the Vice President of the CNY Collaborative Family Law Professionals Board and a trained mediator, Rosemary provides a unique skillset to her clients and endeavors to take a practical and realistic approach to matrimonial and family court matters.