When one has a case in both in Family Court and New York State Supreme Court, it is possible to combine, or consolidate, these case cases into one court only. However, that is not always permitted as evidenced by a case mentioned by the New York Law Journalâ€™s August 14, 2014 edition.
A family had a case in Supreme Court and Kings County Family Court. The wife wanted to consolidate both cases by moving them to Supreme Court. The husband asked that the court to stop the wifeâ€™s motion to move the case. The reasoning was that moving the case would be â€œprejudicialâ€ towards himself and the child. The husbandâ€™s lawyer said that the wife was just â€œforum shoppingâ€ by requesting the case transfer because she was not happy with the way the case was going in that family court.
The wife also wanted to obtain sole decision-making power, as well as legal custody over the child. Often, when a couple has a child and custody is split, one parent has the decision-making power. While parents should talk about important decisions like medical care or education, the parent with sole decision-making power will have the final decision.
The judge decided not to grant the wifeâ€™s motion. The wife had an active voice and brought the case to the family court case. Therefore, the judge thought the family court should keep that case as opposed to unnecessarily moving it to the supreme court.
If you have a question about divorce or if you have a case in family court, then you should contact a lawyer. Jayson Lutzky offers free in-person consultations at his Bronx office. He has over 31 years of experience practicing law in New York. Mr. Lutzky regularly appears before Family Court and New York Supreme Court. To set up an appointment, call 718-514-6619. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky.