what constitutes an unfit parent in new york

Disputes over child custody can be among the most challenging parts of a divorce. In many cases, both parents want to spend as much time as possible with their children. In New York, courts decide custody matters based on what is in the child’s best interest. No parent is perfect, and some imperfections in parenting…

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who pays for legal fees in new york divorces

If you are considering filing for divorce in New York, you may be concerned about the legal fees. At the Law Offices of Jason Lutzky, our clients commonly asked us whether one spouse will be responsible for the other spouse’s legal fees. Under New York law, the spouse with more resources and income, sometimes called…

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Does adultery affect divorce in New York?

Adultery is a common factor in many divorce cases in New York and across the country. If you are considering getting divorced after learning that your spouse has been committing adultery, you are not alone. Spouses in New York have the option of seeking a no-fault divorce or a fault-based divorce. In New York, adultery…

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Are you considering filing for divorce in New York? If so, you may have questions about whether you have valid grounds for divorce. New York was one of the last states to pass a no-fault divorce law, allowing couples to get divorced due to their marriage’s irreparable breakdown. Even though most couples file for no-fault…

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When a couple gets divorced in New York, a family court judge will divide their marital property equitably. Judges don’t always divide marital property in a 50/50 split. Instead, they use multiple factors to determine what type of property division is fair for both spouses. New York’s equitable division process can be complicated and difficult…

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Few things are more traumatic than losing your hearing. Along with vision, it is one of the senses that allows you to experience the world and live life to the fullest. When you lose this precious ability due to the reckless or negligent conduct of someone else, you have the right to file a personal…

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When New York parents cannot agree on a custody arrangement and visitation schedule, the matter often has to be resolved in court. While this can happen when the parents are determined to use the children as pawns in a bid to hurt one another, it can also arise when one parent sincerely believes that the kids…

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When shopping for a new vehicle in the summertime, many people look for cars that have a sunroof. The appeal is obvious, especially on warm and sunny days: an open rooftop keeps the vehicle fresh and ventilated, provides a source of natural light, and makes for a romantic drive under the stars. Unfortunately, there also…

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Lawsuits over IVC filters are continuing to appear in both state and federal courts all over the country. At present, there are nearly 4,000 filings against C.R. Bard and Cook Medical, which are the two largest IVC filter manufacturers, and smaller manufacturers such as B. Braun, Argon Medical, Cordis Corporation, and Rex Medical are facing…

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The moment your spouse moves out of the marital home (or you do) in preparation for divorce, your children will have two places to call home: their current residence and that of their other parent. The change may upset them in the beginning, as younger children in particular become anxious when their routines are disrupted,…

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As parents, we know that getting hurt is practically a childhood rite of passage. Energy, enthusiasm, and curiosity result in accidental scrapes,cuts, broken bones, and other injuries that are painful at the time but soon heal. But when we entrust our children to daycare each morning before work, we never expect to get a call…

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According to the American Burn Association, every year nearly half a million Americans suffer burns that require medical attention. Some of these injuries are severe enough to be life-threatening and permanently disabling. A burn is the result of tissue damage after the skin makes contact with heat or chemicals. More serious burns can even damage…

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When a couple divorces in New York, it’s not only marital property that must be fairly evaluated and divided. Any debt accumulated during the marriage (and acquired for the benefit of both parties or their children) must also be equitably split between the spouses. Common examples of such financial obligations include: Mortgages Car loans Personal…

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Even people who have never been massive fans of Valentine’s Day tend to feel alone on the first February 14th after their divorce. All those flowers, chocolates, red roses and restaurant specials are glaring reminders that you are now single, and can increase any sense of loneliness you may be feeling. Fortunately, with some preparation…

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If you are a New York father seeking full or shared custody of your children as part of a divorce action, it can seem at times as if you are fighting an uphill battle, even though research has suggested the following: Both mothers and fathers make unique and important contributions to the development of their…

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Across the country, more than a million annulments and divorces happen every year. While some issues like cheating or irreconcilable differences are cited by many individuals who file for divorce, new research from the University of Washington indicates that one particular behavior could be at fault for most divorce filings. This behavior is contempt. Researchers…

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It is not always easy to untangle a family situation when it looks like your marriage is ending, which is why more couples contemplating divorce are looking for alternatives as either short term or long term solutions. One example of such an alternative is known as a “bird’s nest” or “nesting” approach. In this situation,…

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Heading into bankruptcy, it is common to feel as though there are many unknowns. Some debts cannot be eradicated with bankruptcy, like an award from a personal injury lawsuit or child support, but there are exemptions that help to protect your property even when you file. Misunderstanding exemptions could lead to additional frustrations and disappointment…

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In most courts, it was not possible to strip off unsecured liens from their homes for people filing for Chapter 7 bankruptcy. However, a three-judge panel of the Eleventh Circuit Court of Appeals made an unpublished decision in 2012 that offered hope for bankruptcy attorneys and their clients. They ruled that it was possible for…

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During a divorce, the separating parties can agree to divide their marital assets or a judge may write an order subjecting these assets to division. Marital assets include residences, assets, pension plans or anything else earned or purchased during the marriage. After divorce, these are typically subject to an equitable distribution between the spouses. Recently,…

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When making a left-hand turn across another lane, the vehicle making a left-hand turn must yield to oncoming traffic. This is known as yielding to the “right of way” and is mandated by Vehicle and Traffic Law Section 1141 according to a July 1, 2014 New York Law Journal article. In the case at hand,…

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In the case of In re May’s Estate, 114 N.E.2d 4 (N.Y. 1953), the highest court in New York held that a marriage between an uncle and his half niece would be recognized by New York, despite being prohibited by Section 5 of the Domestic Relations Law. A further look into the Court’s thinking explains…

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10% off Legal Fees through end of November As we continue to thank veterans and current service members for their dedication and for the many sacrifices they have made, we are proud to announce that they will receive a 10% discount on all legal fees for new cases started from today until the end of…

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Filing for bankruptcy is a tough decision that some people make, and they ponder long and hard before they decide to do so, since this can affect their future credit and credit score. 5/3 Bank, which is “a banking firm says it accidentally reported some customers to credit services as having filed for bankruptcy,” as…

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Most people should be aware of the facts that obtaining a divorce puts an end to their marriage. Moreover, this is one of the main reasons why many people seek assistance from lawyers. However, this is not the case with a Catholic, female, British resident named Mulcahy. Recently Mulcahy obtained a divorce and she claims…

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In medical malpractice cases, the injured party must show the treating doctor or physician owed a duty of care to the patient and he or she breached that duty by deviating from the ordinary standard of care within the profession. Thus, the deviation resulted in injuries to the patient, which was caused by the doctor’s…

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A couple that was married for about 25 years and had three children were having marital problems. The husband E.C., thought his wife, L.C. was cheating on him. When he confronted her and suggested that they should seek help she moved into their basement and then a few weeks later she found a form online…

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Today with the slowly recovering economy some companies have to cut back on costs and employees in order to ensure that they strive and prosper economically.  As a result, these companies are getting rid of or laying off many employees as this is one of the quickest and easiest ways to reduce financial costs. Recently…

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A woman while walking on a sidewalk tripped and fell due to the defective sidewalk. As a result, she sustained personal injuries, and she brought a suit against New York City to recover monetary relief for her injuries. New York City in response to the suit, made a motion to have the case dismissed because…

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Within the four major sport’s leagues in the United States: Major League Baseball, the National Basketball Association, the National Football League and the National Hockey League, there are very few gay active players today. The reason being is that the public usually looks down on these gay athletes. Moreover, these gay athletes are afraid that…

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A mother’s motion for having the courtroom sealed for one of her witnesses was denied by the New York court for hindering the defendant’s rights. According to a New York Law Journal article published on November 16, 2012, the mother moved to seal the courtroom during a hearing regarding a sexual abuse matter. The witness…

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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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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 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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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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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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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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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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In People vs. Fernandez, Marcos Fernandez was accused of sexually abusing his female cousin, who was eight years old at the time of the alleged abuses. During the court case, covered by a June 29, 2011 New York Law Journal article, at the New York State Court of Appeals, the accused’s parents testified as witnesses…

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Over the past 20 years, divorce among people over 50, has doubled, according to researchers at Bowling Green State University. TODAY reported about the “gray divorce” phenomenon on June 8th, 2012. Sociologists expect the numbers of divorces in this age group to continue to rise. Gray divorces may be rising because of changing cultural norms.…

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A May 27th, 2012 article in the New York Times reported that half of all marriages in the United States end in divorce. According to the National Center for State Courts, 1.2 million people in the US filed for divorce in 2009. Dutch ‘Divorce Hotel’ Jim Halfens runs “Divorce Hotel” at six hotels in the…

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Many matrimonial attorneys have been up in arms over the confusion caused by the new spousal support laws but the opposite holds to be true with the new no-fault law established around the same time. According to an October 12th, 2011 New York Law Journal article the same attorneys that speak negatively about the new…

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Statements made by highly publicized right-winged religious leader Pat Robinson may have gone a little too far this time for him to be saved, as reported in a September 16th, 2011 New York Times news article. Mr. Robinson reportedly gave the green light for one of his callers to divorce his wife because she suffered…

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Your Miranda’s rights may soon have to have an additional statement to it, “and anything you post on your Facebook.” More and more courts are accepting information from people’s Facebook accounts as evidence in support of a legal suit, as reported by an October 1st, 2010 New York Times article. The New York State Bar…

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Remarks made by television religious host Pat Robertson on divorcing a spouse who has Alzheimer has sparked a great debate, as reported by the New York Times in a September 16th 2011 article. Although majority of the public appears to be greatly offended by Mr. Robertson some people in the medical field are coming to…

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A law firm retained by the Roman Catholic Diocese of Kansas City found that the diocese failed to respond to sexual abuse claims against its own priests, as reported in a September 1, 2011 New York Times article. Accusations have been levied against Rev. Michael Tierney, who is thought to have sexually abused minors and…

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