Grandparents who are raising their grandchildren face many practical, legal issues. Grandchildren who live with grandparents for periods of time are impacted on by a variety of the laws in the State of New York. Issues involving custody, visitation with the parents, who has custody of the grandchildren long term, where the grandchildren go to … [Read more...]
Grandparent’s Visitation Rights in New York State
The law in New York State authorizes visitation by grandparents if at least one parent is deceased. In addition, grandparents can have visitation with their grandchildren "where circumstances show that conditions exist which equity would see fit to intervene." This rather unintelligible law also states that all visitation by grandparents with their … [Read more...]
The Grandparents’ Custody Lawyer – Part II
Children's Best Interests There are a variety of factors which can be considered by a court when looking into whether the children's best interests would require the grandparents to receive custody of their grandchildren. Some of these factors are: whether there is domestic violence in the parents' home whether the parents have drug or … [Read more...]
The Grandparents’ Custody Lawyer – Part I
When Grandparents Want Custody of Their Grandchildren Grandparents are an invaluable resource for their grandchildren. There are a number of situations which would be in the children's best interest for the grandparents to seek custody of their grandchildren. Situations where the parents are abusive, neglectful, unavailable, incarcerated, or upon … [Read more...]
Grandmother Prevails in Custody Dispute with Father
In a recent case from Sullivan County, New York, Family Court Judge Mark Meddaugh awarded a grandmother sole custody of her grandson. The Family Court Judge awarded the grandmother sole custody because she had established "extraordinary circumstances necessary to overcome the father's inherently superior rights to custody." Erica BB and Marcus … [Read more...]
Grandparents Seek Visitation with Grandchildren
In a case before Supreme Court Justice Janowitz, sitting in Nassau County, grandparents brought a proceeding seeking visitation with regard to their three grandchildren. The children’s parents asked Judge Janowitz to dismiss the case. They claimed the grandparents lacked standing to bring this proceeding. The grandparents' petition argued that … [Read more...]
Father Charged with Sexual Abuse Exonerated
Judge Greenberg, sitting in the Family Court of Nassau County, rendered a decision on January 21, 2010, dismissing child abuse proceedings against a father. The petition against the father alleged that he had committed sexual offenses regarding his daughter Isabella. The charges alleged he would rub lotion on her, “slap her butt” and “whistle at … [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...]
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...]
Men Who Raise Their Children
Sarah Palin has introduced the phrase to the American vernacular of "man-up". The man-up phrase being utilized by right-wing Republicans brings back a type of nostalgia concerning the role of men in society. It refers to a time when men, in business and politics, followed the John Wayne "tough-guy" roles. These type of men could grab a rifle, … [Read more...]
