Spouses, in unhappy marriages, often wait until the end of the year, after the holiday season, to decide to move forward with their divorces. This is especially true when the parties don't get along and the frustration between the spouses boils over related to get-togethers that go poorly at Christmas time. Spouses that are not happy in … [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...]
Religious Court Could Not Make Decisions Concerning Custody And Visitation
Judge Daniel Palmieri, sitting in a Supreme Court part handling matrimonial matters in Nassau County, New York, recently vacated the decision of a Beth Din determination and award. Beth Din is a Jewish Religious Court. The parties in this case had entered into a written agreement to arbitrate financial issues related to the marriage before the … [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...]
Mother Seeks to Keep Children Away From Killer
In 1991, Kristine Cushing killed her four and eight year old daughters. She was tried for these murders and found not guilty by reason of insanity. Her defense counsel claimed that she murdered her children due to a bad reaction to Prozac. Kristine spent four years in a mental institution. In addition, she had ten years of psychiatric monitoring. … [Read more...]
Halle Berry’s Custody Issues
Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia. Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the … [Read more...]
Joint Custody Unworkable
Acting Supreme Court Justice Neary, sitting in Westchester County, found that a one week on, one week off joint custody arrangement between a father and mother was unworkable. He also found that this arrangement was disruptive to the children's lives. Justice Neary ordered a hearing to determine who should receive custody of the children. In … [Read more...]
Father’s Conduct Not Contemptuous
A proceeding was brought by a mother in Nassau County Supreme Court by Judge Falanga to hold her children’s father in civil contempt. The mother alleged the father, who was awarded custody of their child, had refused to make reasonable accommodations related to her Orthodox Jewish religious practices. She argued that her Orthodox Jewish observence … [Read more...]
A Father’s Rights Protected
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...]
