In a Westchester Family Court case, a mother sought to modify a judgement of divorce in which the father had received custody of the children. The judgement of divorce gave the father sole legal custody of his two young children. The mother petitioned the Family Court in Westchester County to enter a new order giving her physical custody of the … [Read more...]
No-Fault Divorce (Finally) Comes To New York
Governor David A. Patterson recently signed a new groundbreaking "no-fault" divorce statute into law. The statute goes into effect on October 15, 2010 and brings New York into conformity with the other 49 states concerning the issue of no-fault divorce. The statute provides for a new ground for divorce which does not assign blame or fault to … [Read more...]
“Parenting Plan” Not A Substitute For A Separation Agreement
The State of New York has a very narrowly defined requirements regarding what needs to be in a separation agreement and how it is executed. In late 2009 the Appellate Division for the Fourth Department (an upstate appeals court) held that a separated couple's agreement which dealt with terms of custody and visitation for their three children did … [Read more...]
Woman Jailed for Alienating Children from Father
In June of this year Supreme Court Judge Ross, the supervising judge of the matrimonial courts in Nassau County, held that a mother, Lauren R., willfully violated his court order by intentionally and deliberately alienating her young children from her ex-husband Ted R. Civil Contempt Judge Ross held her in civil contempt and ordered that she … [Read more...]
No Fault Divorce Comes To New York
New York is now joining the other 49 states in the United States with regard to divorce laws. The New York State Assembly has passed a no fault divorce law. Now both the State Senate and the Assembly have passed the liberalized New York divorce law, and it is anticipated that Governor Patterson will sign the new no fault divorce law very … [Read more...]
