A New York Family Court rules that a court cannot impose certain requirements as a condition of having future access to their child. According to a New York Law Journal article published October 26, 2012 in a new case decided by the courts have restricted some of the conditions a court may place on a…

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A Westchester Supreme Court Judge ruled that a plaintiff, a husband’s maintenance payments and payments for attorney and court fees were unreasonable, according to a New York Law Journal article. The requests The wife was requesting an order of child support for $1,874 as well as an additional 71% towards statuary add-ons. She was also…

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The New York City Administration of Children’s Services (ACS) is accusing a stepfather, Ruben, of sexually abusing his stepdaughter Sabrina since she was five years old. ACS argued that Sabrina’s mother, Melody, knew of and/or should have known about the abuse and failed to protect or notify the persons to protect her well-being, according the…

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An adoptee that is over the age of sixty wants the court to declare that her adoption is invalid, as reported by the New York Law Journal in an October 29th, 2012 news article. The adoptee was born in 1946 and her parents received a divorce when she was about twenty years old.  Her father…

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Tamannatul Kobra who is the mother of two female children: Heemika Hossian who is about four years old and Siratul Muntaha Hossain who is about nine years old wants the court to change both of her children’s names. She is currently married to Mosharaf Hossain who is the children’s natural father and he has agreed…

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A New York Court of Appeals has rejected to hear a motion filed by a conservative group to overturn New York legalizing same-sex marriage, as reported by the New York Times in an October 23, 2012 article. New Yorkers for Constitutional Freedoms petitioned the New York court accusing the State Senate for violating the Open…

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Today same sex couples are not recognized as having the same legal rights as heterosexual couples. On Thursday, in Windsor v. United States,  New York’s Appellate Court ruled that DOMA is unconstitutional because it does not award same sex couples the same rights as heterosexual couples, as reported by the New York Law Journal in…

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A New York Supreme Court judge held that the divorced parents of a college-age son must split the cost of the son’s expensive private college tuition, as reported in an October 13, 2012 New York Law Journal Article. In the vast majority of divorce cases, the “SUNY cap” is implemented in determining what each ex-spouse…

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A New York ex-couple fought in the court system over whether their child was allowed to relocate with his mother outside of the state, as reported by the New York Law Journal in an October 12th, 2012 article. Both of the parties had resided in Rockland County, NY for a long period of time and…

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A New York mother was found guilty of neglecting her child which caused abusive injuries while the child was in her care, as reported by the New York Law Journal in an October 15, 2012 article. The Administration for Children’s Services (ACS) filed the petition against the mother and another for actions that occurred. Specifically,…

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A New York divorced man sought to terminate and collect past spousal support payments because his wife was co-cohabiting with another man, as reported by the New York Law Journal in an October 5th, 2012 decision. During the couple’s divorce a support stipulation was negotiated. The stipulation was incorporated into the couple’s final judgment but…

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A New York court ruled that a man’s second wife was entitled to the funds from his life insurance policy, instead of his first wife and daughter. According to an October 3, 2012 New York Law Journal article, the court ruled that a $700,000 life policy from Union Central was to be awarded to a…

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A father who filed an order of protection against his ex-wife’s boyfriend on behalf of his daughter was dismissed by New York’s trial court for lack of subject matter jurisdiction as the child and the mother’s boyfriend did not have an “intimate relationship,” which is a requirement under the Family Court Act. However, the decision…

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A New York mother lost her petition to the child’s father who denied paternity, as reported by the New York Law Journal in a September 14, 2012 article. Upon learning that he was the biological father both the mother and father petitioned seeking sole custody of the child. After reviewing the submitted evidence and documents…

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In New York State, there is a family court located in each of its five boroughs, in addition to the numerous family courts that are located upstate. Today New York City’s family court, which handles disputes that include but not are not limited to divorce, child abuse, child support, paternity, adoptions, and order of protections…

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A judge allowed a Rochester man to stop paying spousal maintenance because doing so would place him under “extreme hardship.” According to an August 27, 2012 New York Law Journal article, there is a law open to much interpretation that allows for adjustment in support payments if there would be an “extreme hardship” on the…

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Years after their divorce, a couple is back in court to figure out what is meant by the term “respective means”, used during their divorce, reports the July 13, 2012 edition of The New York Law Journal. Rochester County judge, Justice Dollinger was surprised at the lack of legal interpretation of the phrase “respective means.”…

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The court decided on whether a functioning second parent had standing under Domestic Relations Law §110 to adopt a boy, even thought she was not married to the child’s adoptive father, nor were they living together, and had not ever been in a spousal relationship, according to the July 23,2012 edition of The New York…

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Two siblings were taken from Respondent mother’s home and placed in foster care, according to the July 27, 2012 edition of The New York Law Journal, however Social Services was denied a petition to terminate parental rights for permanent neglect. While the daughter went back to her mother, the son resisted, wanting to stay with…

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The Appellate Division, Third Department, held that an action that began as a fault-based matrimonial action before the enactment of New York’s no-fault statute can be maintained as a new action under the new law, according to the July 13, 2012 issue of The New York Law Journal. This is the first time that a…

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Husband claimed there was fraud committed against him by wife, who had him sign a divorce stipulation in exchange for $100,000 cash and a promise to repay $30,000 of his debt. He claims that he was “functionally illiterate.” He claims he only realized what he had signed in 2008, when the stipulation was read to…

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Husband brought a holdover proceeding against his wife and her child. A holdover proceeding is when a landlord seeks to evict the tenant and it is not based on not receiving rent. The wife sought to get this claim dismissed because she resided in the marital residence. The husband had received an ex parte divorce…

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A former New York City police officer was held responsible for paying the even though he had taken a major cut to his salary, according to the June 11, 2012 edition of the New York Law Journal. Brooklyn Supreme Court Justice Sunshine wrote that they would not let the husband “control the litigation or attempt…

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Judge Drager brings back an action to enforce a prenuptial agreement signed in Manhattan, after the wife tried to go against it in a Singapore court, where the couple is now residing, according to the New York Law Journal on May 30, 2012. The couple signed a prenuptial agreement, waiving rights to seek maintenance in…

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Petitioner’s attorney has asked the Court to review the constitutionality of the Defense of Marriage Act (DOMA), according to the July 17th, 2012 edition of the New York Law Journal. DOMA, passed in 1996, defines marriage as a legal union between a man and a woman.  It says that a state does not have to…

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Courts are requesting the Legislature to reconsider §216-c of the New York Family Court Act, which ensures pro se litigants have access to the courts. As the June 4, 2012 edition of the New York Law Journal states, after a petitioner filed three family offense petitions against her brother for physical and verbal abusive, which…

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A bill that challenges the traditional definition of a family passed in the California state Senate and is now in the state Assembly. This bill would allow a child to have more than two parents according to a July 10, 2012 Fox News online article. According to a statement by the bill’s sponsor, it is…

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Shari Motro, a law professor at the University of Richmond, advocates for alimony, or spousal maintenance, during pregnancy as expressed in her July 6, 2012 New York Times opinions article. She argues that since both a man and a woman take place in contraception, the economic consequences of the contraception should be shared between the…

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Before e-gift cards, available online at a variety of sites, there were credit card-like gift cards. Before gift cards came gift certificates, often handwritten. They were valid, almost exclusively at restaurants, and movie theaters. Now, a lawyer is offering divorce gift certificates, according to a July 12, 2012 Huffington Post article. Giving gifts gives great…

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New York City Mayor, Michael R. Bloomberg, and Speaker of the City Council, Christine C. Quinn, say that they will file an amicus brief opposing the Defense of Marriage Act (DOMA) citing that it is unconstitutional. According to a June 21, 2012 New York Times article, the “friend-of-the-court” legal brief will be filed with a…

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The New York court saw their first trial regarding a No-Fault divorce dispute, as reported by the New York Law Journal in a January 26th, 2012 news article. In 2010 New York enacted a bill that allowed no-fault divorces. No-fault divorces are intended to help speed along the lengthy process of obtaining a divorce. Additionally,…

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Wife Elvira claimed that the Manhattan venue for her divorce suit was improper and moved for a change of venue to Suffolk County, the New York Law Journal reports on May 14, 2012. The court accepted her plea, as neither wife nor her husband lived in Manhattan, thus making it an improper venue. The court…

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An ex-wife’s lottery winnings are safe from her ex-husband’s creditors, as stated in a June 18th, 2012 New York Law Journal article. During the marriage the wife won the lottery and placed the majority of her winnings into an investment account that was restricted on withdrawals. The ex-husband was awarded $50,000 of the winnings and…

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The New York family court ruled that they did not have the authority to override a criminal court order, as reported in a June 22nd, 2012 New York Law Journal article. A mother seeking custody rights of her children had to be turned down by the New York family court after learning that she had…

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A Queens County, New York father was denied his petition to modify child custody after the court found that he was unstable, as reported in a June 22nd, 2012 New York Law Journal article. The father petitioned the court claiming that the mother was mentally and verbally abusing their child. The father requested the court…

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Southern District Judge ruled in a New York court that the Defense of Marriage Act denied equal benefits to same-sex couples, as reported in a June 7th, 2012 New York Law Journal article. The judge granted summary judgment in favor of a widowed lesbian plaintiff who is suing the government for failing to recognize her…

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New York appeals court finally makes a decision regarding defected prenuptial agreements, as reported in a June 19th, 2012 New York Law Journal article. Over the years the New York courts have seen much debate on how to handle prenuptials that are found to not be binding over a small error. Until recently, the appeals…

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A town judge was removed from the bench after being found to have acted with ill intentions, as reported by a June 27, 2012 New York Law Journal published article. After reviewing the judge’s cases it was found that on multiple occasions the judge presided over legal matter that involved his girlfriend without disclosing to…

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An award of attorney fees in a divorce matter was overturned and dismissed on the grounds that the parties’ incomes were similar. According to a June 27th, 2012 decision published New York Law Journal article, a New York court dismissed a lower court’s decision to award compensation to the wife for attorney fees. Attorney fees…

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A New York Court ruled that a party in a divorce representing himself should have been given a full copy of a forensic report regarding his divorce. Although the court found that it was an error they determined that it was harmless and not enough to dismiss the action, as reported by a New York…

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There were a couple of unrelated appeals in the Court of Appeals last week as stated in the New York Law Journal on May 25, 2012, related to parent’s rights in cases where the children have seen domestic violence. Though the Third Department decided differently in each, the record is adequate enough for the court…

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The New York State Court of Appeals recently ruled that rental apartments, including rent-controlled apartments, are neither marital nor separate property. A June 21, 2012 New York Law Journal article discusses what this means for couples seeking divorce. The ruling specifies that the rental apartment must be one that will not be changed into an…

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