When a custodial parent seeks to relocate, he or she may run into more complications and difficulties than he or she anticipates. An order of custody and/or divorce judgment may contain clauses specifically preventing a custodial parent from relocating. Whether the custody order or the divorce judgment contains a clause of this nature, the … [Read more...]
Facebook Postings Do Not Violate Orders Of Protection
Carl M. Perry had an order of protection against him. This order of protection from the Family Court in Monroe County indicated he was to have no contact with his wife. It further ordered, he was to stay away from his wife. During the period of the order of protection, Carl gained access to his wife's Facebook account. He sent out letters to … [Read more...]
California’s Proposed Multiple Parenting Law
California is considering passing a multiple parenting law. This law would allow children to legally have more than two parents. This statute was proposed by State Senator Mark Leno of San Francisco. It has already passed the California State Senate and is being considered in the California State Assembly. Mr. Leno claims that the definition of … [Read more...]
Judge Allows Egregious Fault Inquiry in Equitable Distribution Case
Justice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case. Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is "egregious marital fault." In this case, the wife's husband of ten years had been convicted of sexually molesting her … [Read more...]
Autism and the Child – Part III
Private Schools and the Autistic Child Child support in all fifty states in the United States is based on the Child Support Standard Act. This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to. However, private school tuition is not one of the items included as a … [Read more...]
Autism and the Child – Part II
Special Needs For The Autistic Child Autistic children require expensive therapy and special education regimes that are not available in local school districts. This results in additional expenses for families. Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child. Residential … [Read more...]
Autism and Divorce – Part I
Divorce is a common occurrence in today’s world. In some states almost half of the marriages end in divorce. When a married couple has an Autistic child it further complicates the home situation. The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce. Parents of children … [Read more...]
Who Needs a Prenuptial Agreement?
Prenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one? Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal … [Read more...]
Juvenile Delinquency Proceedings in the New York Family Court
Children who are charged with crimes will often have these crimes adjudicated in the Family Court of New York. These children are entitled to virtually the same rights guaranteed under the United States Constitution in the Family Courts they would have if they were prosecuted in the Criminal Courts in New York. Similarities and Differences … [Read more...]
Same Sex Marriages: Rights and Obligations in New York
On June 26, 2011, the Marriage Equality Act was passed in New York. New York became the fifth state to recognize same sex marriages. The Marriage Equality Act states “a marriage that is otherwise valid shall be valid whether the parties of the marriage are of the same or different sex.” The intent of the statute is to allow marriage to become a … [Read more...]
