A new law was recently implemented allowing unmarried same sex partners, which includes gay couples, to jointly adopt children in New York.The sponsors of this statue indicate that this law clears up any issues as to whether gay couples can jointly adopt. This statue also deals with the issues of child support, insurance, child custody and … [Read more...]
Mother Cannot Modify Custody of Children
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...]
Joinder of Custody Claims and Post-divorce Claims Denied
Justice Falanga, a Supreme Court Justice sitting in Nassau County, recently rendered an unusual decision in a post-matrimonial lawsuit. The parties had been married and the marriage had ended in divorce. In a post-judgement proceeding, the wife asked the court to hold the husband in contempt for his refusal to pay college expenses for the … [Read more...]
New Divorce Law In New York
On August 15, 2010, Governor Paterson signed into law new statutes that significantly change divorce law in New York. No Fault Divorce The most significant of the statutes adopts a true no-fault divorce law, making New York the 50th state to adopt such a law. The new statute eliminates the need for a person seeking a divorce to claim that they … [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...]
Recession Leads To More Abuse Cases
Do financial difficulties lead to more incidents of domestic violence in our society? Sandra Oliva, Director of the Nassau County Coalition of Domestic Violence, stated that "issues facing families these days have increased the potential for more violence". Sandra Oliva looks for ways to prevent abuse an to assist victims. In a recent Newsday … [Read more...]
Mother Can Relocate As Long As She “Skypes”
James and Debra Baker were married in the year 2000. Their Marriage lasted until 2008, when they were divorced. They have two children, a six year old daughter and a nine year old son. The Bakers' home recently went into foreclosure. Mrs. Baker had lost her job as a bookkeeper. Mr. Baker, a construction worker, has a take home pay of only … [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...]
Same-sex Divorces in New York
The State of New York does not allow individuals of the same sex to legally marry. However, if individuals of the same sex entered into a valid marriage in another state and are New York residents, meeting the jurisdictional requirements of New York Domestic Relations Law, they can still obtain a divorce in New York. In the case of Dickerson v. … [Read more...]
