Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06228
Matter of R.S. v M.T.
Read the official decision: 2026 NY Slip Op 06228
Holding The Appellate Division reversed the Family Court’s denial of the mother’s motion to vacate a default custody order, finding that she demonstrated a reasonable excuse for her default and a meritorious defense. The court determined that the default order was improvidently entered given the mother’s safety concerns and the lack of sufficient evidence to determine the child’s best interests.
The court’s words
default orders are disfavored in cases involving the custody or support of children, and thus the rules with respect to vacating default judgments are not to be applied as rigorously
2026 NY Slip Op 06228, at the official text
the mother demonstrated an adequate excuse for her default
2026 NY Slip Op 06228, at the official text
the evidence before the Family Court was insufficient to make an informed determination that served the best interests of the child
2026 NY Slip Op 06228, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 22, 2026 |
| Citation | 2026 NY Slip Op 06228 |
| Area of law | Family Law |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06228 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1495 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of R.S. v M.T., 2026 NY Slip Op 06228 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06228/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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