Parental Responsibility & Paternity
What are some common issues that unmarried parents face?
If the unmarried parents of a child separate, then some general issues that they may face are how to establish paternity, how to file for child support, and how to file for custody or visitation. Establishing Paternity Paternity can be established if the father is listed on the child’s birth certificate, and he signed an…
Read MoreBronx Matrimonial Parts will resume hearing cases on April 13, 2020
Starting this Monday, April 13, 2020, the Bronx County Supreme Court matrimonial part(s) will resume hearing its matrimonial cases. Currently, there are three Matrimonial Parts located within the Bronx Supreme Court, and these parts are presided over by Judge Alpert, Judge Gouldbourne, and Judge McShan, who is transitioning to another division, and Judge Martin. Judge…
Read MoreNew York paternity laws
In New York, when a child is born to married parents, the presumption is that the husband is the legal father. When the parents are unmarried, it gets complicated. The law does not assume that the mother’s current boyfriend is the child’s father, and steps need to be taken before the putative father receives parental…
Read MoreSealing your New York divorce record
Divorce has an uncanny way of bringing our most private circumstances to light. Even when the split is an amicable one, details like personal finances, a child’s special needs, and other intimate information take center stage so that they can be addressed and future plans made. Therefore, it’s an alarming thought that your family, friends,…
Read MoreHow to celebrate Father’s Day as a divorced dad
Normally you look forward to Father’s Day, but if this is the first time you’ve celebrated it since your divorce, then you may be wondering how you’re going to manage. These feelings can be even more difficult if you are the noncustodial parent or you share custody but the kids live with their mom. Sometimes,…
Read MoreHow divorce or separation can affect your taxes
If you were separated or divorced in 2018, then there will be certain tax implications, the most basic of which is your filing status. If you are separated but have not received a final divorce or legal separation decree, then you are considered married for the entire year for tax purposes and must file as:…
Read MoreImputing income for underemployed parents
Not long after you and your spouse separated, he was laid off from his job. Now that you’ve filed for divorce, he seems determined to remain unemployed, although he insists that he is actively looking for the “right” job. This scenario happens a lot. To reduce the amount of spousal or child support they might…
Read MoreVexatious litigation: What to do when your ex won’t stop dragging you into court
Some divorces are so hostile and contentious that the fight continues throughout the entire process and even long after the judge issues the divorce decree. Spouses who feel that they have been slighted feel compelled to punish the other one and don’t care whose time they waste while doing so. They begin a campaign of…
Read MoreApps for co-parenting? They exist!
Technology is often blamed for situations leading to divorce: social media addiction, flirtation on Tinder, and other gadget-based rudeness and infidelity have all been cited as reasons for relationship breakdown. There are times, however, when technology makes your life easier, especially after divorce. The co-parenting apps listed below all make it easier for you and…
Read More4 tips for New York parents whose children were removed by Child Protective Services
Being a parent can be overwhelming. We want to do what’s best for our children by disciplining them for inappropriate or unacceptable behavior, but it sometimes happens that people who disapprove of our parenting methods overreact by calling Child Protective Services (CPS), who may conclude their initial investigation by taking the children away. Although CPS…
Read MoreHow to make your kids feel more secure during divorce
When their parents divorce, children often wonder what went wrong and whether or not they might be to blame. These anxious and confused feelings are heightened when one parent moves out, splitting the household and causing them to see that parent less often. Although there is no way to ease the pain of divorce completely,…
Read MoreEstablishing paternity in New York
Fatherhood includes certain obligations and rights. Once a child’s paternity is established, the father has the right to see him or her and be actively involved in his or her life. Even if he elects not to do so, then he still has both a moral and legal obligation to support the child. When a…
Read MoreSame sex divorces in New York
Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…
Read MoreWho can claim the child on taxes after a divorce?
If you are legally separated or divorced, then one of the most common questions you have may be about who has the authority to claim the child as a dependent. More often than not, it is the custodial parent who spends more than half the year with the child who has the rights to claim…
Read MoreThe link between divorce and paternity in New York
Paternity simply means the legal status of being a father, and this status can convey both responsibilities and rights. During the process of a divorce, one of the issues couples might face with regard to child support and child custody is that of paternity. If both parties do agree on the father of involved children,…
Read MoreParent’s implied consent to child’s relocation
When a parent relocates to another country with his or her minor child, he or she usually needs the consent of the other parent. However, consent can be implied based on the actions of the parents as was the case described by a recent New York Law Journal article. A couple that met in New…
Read MoreNew York State Domestic Relations Law summarized
The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…
Read MoreNBA player father has paternity petition dismissed in New York but not custody petitions
A mother of a child wanted to have the potential, or putative, father declared the legal father. While the couple had already taken a paternity test, this was a private paternity test. The test found the putative father to be the real father with 99.99% likelihood according to the New York Law Journal. For the…
Read MoreJudge does not allow mother to challenge who her child’s father is
A man signed an “acknowledgement of paternity†stating that he was the father of the child at question. Three years later, the mother wanted to get the acknowledgement overturned. She claimed that the biological father was someone else according to a May 19, 2014 New York Law Journal article. The judge did not allow her…
Read MoreAvoiding employment to avoid paying child support may soon be a felony
Currently, it is a misdemeanor to intentionally quit your job, have your earnings reduced or not to look for a job if you are unemployed so that you do not have to pay child support or so that you can get the support amount modified to a lower amount. A bill in the New York…
Read MoreWhether a sperm donor is considered a “father”
Many couples turn to sperm banks when they are unable to conceive a child, more specifically, same sex couples who are unable to conceive. Consequently, many sperm donors waive whatever rights or claims they might have on the child produced from their sperm. Today there are ads for sperm donors online, for instance on Craigslist. …
Read MoreBronx family law attorney writes one must comply with the child support order
Today more and more people find it difficult to pay child support due to their financial situation. Also, many people choose to stop paying child support hoping that the need for the payments will eventually go away. Â However, one should be aware of the fact that the latter option rarely happens as child support payments…
Read MoreInfographic: Stay-at-home Dads
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Read MoreBaby’s mother lied about the gender and death of her child
Christopher Carlton was eagerly awaiting the birth of his child who he thought was going to be a boy. However, about a month prior to when the child was expected to be born, his girlfriend Shalonda Brown left their Pennsylvania home as reported by Salt Lake Tribune in a March 26 2013 article. Carlton desperately…
Read MoreSex offender was denied his due process rights
Ferry, a sex offender, was sent to prison and was released in 2009. Then he was sent to a mental institution. While he was in prison he was neither able to appear for his family court proceeding nor was he represented in court. Nevertheless, the family court granted his aunt sole custody of his two…
Read MorePending child cruelty charge leads to a mother having all children removed from her care
After having one child disappeared, a southern Florida mother was arrested and charged with child cruelty as reported by a January 29, 2013 CBS news article. Upon being charged the mother’s two other children were removed from her custody and care. The state now must decide whether the mother was involved the first child’s disappearance…
Read MoreNew York man blocked from obtaining DNA test to determine whether he is child’s father
New York’s highest court intervened in a paternity case overturning the lower court’s decision to allow a paternity test to be performed, as reported by the New York Law Journal in an article published on January 11, 2013. The court ruled that it was not in the best interests of the child to allow the…
Read MoreBronx family attorney discusses father’s ability to relocate child outside of New York
A New York Family Court affirmed a father’s ability to relocate his child from New York to Illinois. According to a December 3, 2012 New York Law Journal news article the mother of the child appealed modifications made to a Family Court order. Under the modifications, the father was granted sole physical custody of the…
Read MoreFather’s parental rights in child custody disputes
In New York, a parent may obtain full child custody and visitation rights even if the parents were never married. However, when it comes to a father’s rights they must either have been married to the child’s mother or signed an ‘Acknowledgment of Paternity’ before they are granted custody rights. Legal paternity must be established…
Read MoreColor of children’s skin leads Judge to order a paternity test
Going against the legal tradition a Rochester Family Court Judge used two girls skin color as a factor to why a paternity test was needed. As discussed in a January 15, 2013 New York Law Journal article, an African American man petitioned the court seeking a paternity tests for two young children. The two children…
Read MoreFather’s cousin denied custody of child for failing to establish she was a better fit than the parents
A New York woman petitioned the Family Court seeking to obtain custody of her cousin’s child. According to a March 4, 2013 New York Law Journal article the child is currently in foster care because the mother was found to have neglected the child’s needs. The woman’s petition was met with hostility from the mother,…
Read MoreBronx child custody lawyer comments on termination of one father’s parental rights
A New York father appealed a court’s finding that he had permanently neglected his children, which resulted in the termination of his parental rights, as reported by the New York Law Journal in a December 3, 2012 news article. The Family Court decision stated that the original decision was decided on clear and convincing evidence…
Read MoreBronx child custody attorney comments on mother’s parental rights terminated
On appeal a New York court ruled to remove a child in front of their mother but found that terminating her parental rights were not in the best interest of the child, as reported by the New York Law Journal in a December 17, 2012 article. The children were removed on the grounds that both…
Read MoreParent in a same-sex relationship allowed parental rights over adoptive child
A woman sought to obtain child visitation or joint custody over the children that she co-parented while in a relationship with the child’s mother, as reported by the Topeka Capital Journal in a February 22, 2013 news article. During the women’s relationship the mother of child was artificially inseminated and gave birth to two children.…
Read MoreNew York court allows a mother to withdraw her consent to surrender her parental rights
Mother sought to withdraw her consent to terminate her parental rights for her child, as reported by the New York Law Journal in a December 14, 2012 article. The mother’s rights were being terminated for her permanent neglect of her child. During the process, the mother willingly surrendered her rights. However, before the petition was…
Read MoreVideo: Father Obtains Custody Of Child Because Of Mother’s Alcohol Habits
Bronx family lawyer discusses father’s attempts to become a fit parent
A New York Court ruled to modify a child custody order after finding that the father was making reasonable steps to be a better parent, as discussed in a January 22, 2013 New York Law Journal article. Originally the court held that the father was unfit to have custody of his child after finding that…
Read MoreVideo: Termination Of Parental Rights
Father’s parental rights stripped based on charges of abuse and neglect
New York father was found guilty of abuse and neglect of his two sons, as reported on November 7th, 2012 in a New York Law Journal article. The father was found guilty after the court found evidence that one of the boy’s femur was broken due to being struck by an object. The father argued…
Read MoreBronx child custody attorney comments on mother’s parental rights terminated
The children were removed on the grounds that both parents had abandoned and/or permanently neglected their children. This led to their parental rights being terminated by the court, however, both parents appealed this decision. Although the court ruled in favor of the mother’s appeal, but the father’s rights are still subject to termination. The father…
Read MoreFather Barred from Changing His Name on His Child’s Birth Certificate
A father’s request to amend both his name and date of birth on his child’s birth certificate has been denied, as reported by the New York Law Journal on October 17, 2012. Malikiat G. claimed that his name and date of birth were incorrectly reported on the birth certificate due to “a language barrier and…
Read MoreChild’s school intervenes in Grandmother’s attempt to gain guardianship
A New York Family Court ruled on an interesting issue of guardianship which was discussed in an October 15, 2012 New York Law Journal article. A grandmother petitioned the court to gain guardianship over her young grandson. In an interesting twist the grandson’s school, Huntington Union Free School District, sought to have the petition dismissed…
Read MoreBronx family lawyer comments on the court’s ability to determine paternity and parental rights
A New York man sought a paternity test to possibly vacate the child’s paternity after learning that the child’s mother was still with her estranged husband at the time the child was conceived, as reported by the New York Law Journal in a September 12th, 2012 news article. At the time of the child’s birth…
Read MoreA father who denied paternity ends up gaining full custody
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…
Read MoreFamily court’s semi-centennial
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…
Read MoreCourt rules that a man’s status as a father must rely on ‘convincing evidence’
A man moved to contest the paternity of his child because he claimed there was a “mistake of fact or fraud.†In cases where a man needs to prove that he is the true father of the child, a DNA paternity test may come into play. The man in this case thought that he was…
Read MoreNew York Court rules that retracting parentage of child is not in their best interest
A teen mom’s petition to rescind her affidavit of parentage was rejected by an upstate New York judge because it was not in the best interest of the child, as reported by the New York Law Journal in an August 9th, 2012 article. The teen claimed that at the time of the affidavit she was…
Read MoreBronx child custody attorney discusses why New York court reversed mother’s visitation rights
A New York Family Court decision to allow a mother to have unsupervised visitation to her baby girl was reversed after review by an appeals court, as reported by the New York Law Journal in an August 3, 2012 article. The child had been removed from the mother’s care after sustaining an injury to her…
Read MoreBronx child custody attorney comments on parental rights being terminated for abandonment
A New York Family Court granted the Washington County Department of Social Service (DSS) motion for summary judgment thus terminating the parental rights of an 18 month old. The New York Law Journal reported in a July 10th, 2012 news article that the parents had abandoned the child for more than six months creating legal…
Read MoreVideo: Domestic Violence & Parental Rights
Bronx family lawyer comments on parents having their parental rights terminated
Two parents’ rights were terminated by the Westchester court after finding that both the parents were unfit and would put their children at a significant risk, as reported in a May 25th, 2012 New York Law Journal article. The Westchester County Department of Social Services petitioned the court for the termination after learning that the…
Read More“TROUBLING†CONDUCT BY PARENT DOES NOT EQUAL NEGLECT HOLDS THE COURT
In Matter of Hannah U., 511618, the Appellate Division, Third Department held that though a person may not be an ideal parent, does not mean that he is an unfit parent. A father’s status as a Level II sex offender who had violated his probation by falsifying attendance records to Alcoholic Anonymous, did not lose…
Read MoreBronx divorce lawyer explains why a judge ordered a mother who sent her adopted son back to Russia to pay child support
Recently, a mother sent her adopted son back to Russia. She claimed that he was disturbed. Even after cycling through several attorneys, she never paid the proper child support according to a July 13, 2012 Washington Post article. The seven-year-old son now lives in a group home just outside of Moscow. The mother was recently…
Read MoreCan a family have more than 2 parents? California to vote
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…
Read MoreNew York Court of Appeals Deny Visitation Where Parent Has Lost Rights After Contested Termination Proceeding
New York Court of Appeals held that after a parent’s rights have been terminated in a contested proceeding, judges do not have the authority to order visitation with children, as reported by the June 8, 2012 issue of the New York Law Journal. This view was previously held by the First and Third Departments and…
Read MorePolitical pressure added to Japan to join the Hague Convention for child custody cases
After several years of increasing political pressure Japan has taken a step closer to joining the international child-custody agreement, as reported by in a New York Times news articled published May 20th, 2011. The 1980 Hague Convention on the Civil Aspects of International Child Abduction Act is an act signed and ratified by the United…
Read MoreBiological Paternity Does Not Equal Legal Father
In a case review published in the New York Law Journal on September 9, 2011, a Long Island judge ruled that a young girl’s biological father cannot be ruled the legal father or caretaker. The biological father of the girl, referred to as MB, filed suit to officially establish his paternity claim. Judge Eisman rejected…
Read MoreBronx Family lawyer comments on New York court terminates all parental rights
A New York Family Court found that it was in the best interest of the child to have the mother’s parental rights terminated, as reported by the New York Law Journal in an August 15th 2011 article. The mother and the maternal grandmother of the child both petitioned the New York Family Court in an…
Read MoreBronx family attorney comments on new bigamy lawsuit filed.
Gay rights’ activists are still fighting to gain the right to marry in every state. But one underrepresented group is just starting to gain the media’s attention on their fight to gain the right to marry. And marry. And marry again. Kody Brown is known from the popular TLC television show, “Sister Wives,†which…
Read MoreBronx family lawyer comments on Facebook’s contributing to reconnecting people
Facebook is the growing social website that promotes reconnecting friends and family through a social media. It is a tool used by many of its users to help find old classmates, family members, and help stay in touch with current friends. But it has also helps reconnect unexpected family members, as reported in a…
Read MoreBronx family attorney blogging about New York child custody modification case, McMahan V. McMahan
The New York Law Journal reported May 20th, 2011, that the court ruled in favor of the father in the child custody case, McMahan v. McMahan, 000399/05. The father had petitioned for a modification of the child custody order on the grounds that he believed the mother had been acting neglectful towards their two…
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