A proceeding was brought by a mother, JL in Nassau County Supreme Court before Supreme Court Justice Jeffrey Goodstein regarding relocating with her child to Florida. She requested the father's existing visitation schedule with their child be modified. The Custody Agreement The parties had entered into a custody agreement which provided the … [Read more...]
What Can You Do When the Custodial Parent Wants To Relocate With Your Children?
When the custodial parent wants to relocate, he or she should bring an application to either the Family Court or the Supreme Court in the State of New York, to get the court's permission to move away. In a perfect world, when this happens, you oppose the move and show it is not in the children's best interest to relocate with the custodial … [Read more...]
Governor Cuomo Slashes NY Judiciary Budget by $170 Million
It is estimated that hundreds of non-judicial workers will lose their jobs related to an additional $70 million dollars in budget cuts from the judiciary budget in the state of New York. The $70 million in budget cuts is in addition to a previous $100 million that was cut from the $2.7 billion budget for the judiciary in the state of New … [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...]
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...]
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...]