In a case in Kings County, a husband brought a Writ of Habeas Corpus before Justice Stephen Mostofsky sitting in the Supreme Court of Kings County. He claimed this proceeding was brought under the emergency jurisdiction under New York Domestic Relations Law 76.C and The Hague Convention. He asked that the child, with the respondent wife, be … [Read more...]
False Allegations of Child Abuse in Divorces
Divorces can be amicable or be a type of limited warfare between the parents. Sometimes the issue of who is going to be the residential custodial parent is a significant issue in a divorce case. It occasionally leads unscrupulous parents to create accusations of child abuse to further their desire to become the residential custodial parent of the … [Read more...]
Matrimonial Law and Mental Illness
Divorce between two parties with children is emotionally, and often financially, difficult. Divorce can involve many legal aspects: worrying about visitation rights – now known as 'parenting time' – alimony considerations, custody battles and other issues. These matters are further complicated if there is evidence of mental health issues which may … [Read more...]
History Lesson On Marriage
Marriage was originally a way for families to make alliances with each other. In addition, marriages were used to expand the family labor force. Alliances even within families were common. In the Old Testament, Isaac and Jacob married cousins. In many parts of the world, marriage between cousins still is common. This is particularly true in many of … [Read more...]
New York’s Alimony Laws Are Changing
In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all … [Read more...]
Same Sex Parent Denied Visitation
New York State Supreme Court Justice, John C. Bivona, recently ruled the estranged spouse of Marley Bishop, the daughter of United States Congressman, Timothy Bishop, did not have any parental rights to visitation because the parties' son was born before New York passed the Same Sex Marriage Act in 2011. The Judge ruled Mercedes Counihan did not … [Read more...]
Keeping Your Emails Private When David Patraeus, the Head of the CIA, Couldn’t
Today Americans communicate billions of times a day through e-mail and text messaging. Today, the most private pieces of information are communicated by using cell phones. Americans often communicate their private information through e-mail and text message. How can we keep these matters private? Do Americans have a right to privacy over their … [Read more...]
Post-divorce Parenting Issues
Your divorce is over. Does this mean all parenting issues have been resolved? Hopefully, this is true. But life is not static. Children grow older and develop new, unanticipated issues. Parents' relationships change. Financial situations for both the custodial and non-custodial parent are impacted by employment interruptions, physical problems and … [Read more...]
Child Custody Under The Hague Convention On The Civil Aspects Of International Child Abduction
The United States Supreme Court entertained a case on December 5, 2012, involving an international child custody battle. The case, Chafin vs. Chafin, involved a U.S. Army soldier and a Scottish woman. The Chafins were originally married in Scotland. Thereafter, they moved to Germany where Mr. Chafin was deployed by the United States military. In … [Read more...]
Temporary Spousal Maintenance In New York
In October 2010, the State Legislature in New York enacted guidelines for calculating temporary spousal maintenance. The purpose of this new statute is to provide consistency in spousal maintenance awards by judges. The temporary maintenance law provides a formula by which the parties to a matrimonial lawsuit can determine what, if any, spousal … [Read more...]
