Judge John J. Kelly, sitting in the Family Court of Suffolk County, recently rendered a decision in a custody case that the children's best interest required that they be returned to the custody of their father. The case presented to him was a permanency hearing brought by the Department of Social Services. The Social Services Department had … [Read more...]
Father in Jail Trumps Custody Order. Mother can Leave the State.
Last March, Judge Posner, sitting in the Family Court of Duchess County, ruled that a woman whose ex-husband had been in and out of jail since approximately 2003, and in addition had alcohol related problems, could leave the state with her nine-year-old son. She could take this action in spite of the fact that she had signed a custody order barring … [Read more...]
When Do You Get the Engagement Ring Back?
In a case this past summer, Justice Dickerson, a Supreme Court Judge sitting in Rockland County, New York, ordered a Hassidic woman to return a hundred-thousand dollar engagement ring to her betrothed. The man claimed he didn’t know when he gave her the ring at a religious wedding ceremony that she was still married to someone else. The woman … [Read more...]
Mother’s Request to Relocate Her Child Denied
This past summer, Justice Falanga, a Supreme Court Judge sitting in Nassau County, made a ruling that despite a child’s wishes, the relocation of the child with the mother to Michigan was denied. The wife decided to relocate from New York to Michigan. She had residential custody of the parties’ children. The father brought a proceeding for custody … [Read more...]
Bankruptcy, Foreclosure and Divorce
If one of the parties to a divorce action files for divorce, can he or she later file bankruptcy during the course of the divorce? The answer to this question is yes. Now let's change the circumstances a bit. A husband and wife are involved in a divorce and during the course of the divorce, the husband is ordered by the court to make mortgage … [Read more...]
Are Back Taxes Shared in a Divorce? Maybe Not!
This past summer, acting Supreme Court Judge Andrew A. Crecca, in the case of Maria C. vs. Dominick C., under Index No.: 04775/08, dealt with issues involving back taxes and equitable distribution in a divorce. The couple had been married in 1987. They had four children. The husband had a home improvement corporation and the wife was a secretary. … [Read more...]
Update on No Fault Divorce in New York
New York modernized its divorce law in November of 2010. This was the first change in New York's divorce law since the 1960s. To obtain a divorce in New York, pursuant to Domestic Relations Law §170, "an action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the … [Read more...]
Neighborhood Change Insufficient to Modify Child Custody Terms
Lawrence C. and Antheap met based on an advertisement placed on a website for a partner to conceive a child through artificial insemination. When the parties met, it was agreed that Antheap would be artificially inseminated and Lawrence C. would play a role in the parenting of the perspective child. In June of 2008, twins were born. A custody … [Read more...]
Paternity by Estoppel: Can This Really Happen?
Paternity by Estoppel is a legal doctrine that is now accepted by the New York State Court of Appeals. This doctrine holds that a man can be required to pay child support for a child if it is proven beyond any doubt that he is NOT the biological father of this child. In the matter of Shondel v. Mark D., the New York State Court of Appeals held … [Read more...]
Six-year-old’s Video Testimony Rejected by Family Court Judge
Judge Richardson-Mendelsohn, a Family Court judge sitting in Queens County, New York, has refused a request to allow a six-year-old boy to testify via a closed circuit television hookup in a Family Court proceeding seeking an order of protection against his uncle. Z. Shareef, the boy's mother, had brought a proceeding in the Queens Family Court … [Read more...]
