Can I get my ACS records in a Manhattan Custody case?
Do I have a right to see the ACS Records in my New York Custody case? You may very well have a right to see the ACS records if you have been a target of an ACS investigation brought on by a spouse in a child custody case. But there are strict procedures you must go through […]
Recent Case dealing with Equitable Distribution and Child Support in New York, County of Rockland
In a recent case decision promulgated by the Supreme Court, County of Rockland on June 2, 2021, dealt with whether a gift of inheritance to one spouse, which was made as a loan to the parties by that spouse’s parents, would constitute up to a separate property credit to the spouse who received the advance […]
Evolution of the Postnuptial and Prenuptial Agreement
The laws regarding New York prenuptial agreements as well as and post nuptial agreements and the application of these laws continues to evolve in New York State. Post postnuptial and prenuptial agreements are treated in the same way. The case law discussed herein tends to suggest that prior application of reasoning as to enforceability of prenuptial and postnuptial agreements has […]
NEW LAWS RELATED TO PARENTAGE AND CHILD CUSTODY
In February 2021 the New York state passed a law which provides that New York residents who can’t have children biologically can become lawful parents by means of a surrogacy agreement. This statute will be codified as article 5 – C of the Family Court Act. If you are a parent that has conceived a child through […]
Are you looking for an award of Sole Legal Custody?
Are you looking for an award of Sole Legal Custody? An award of sole legal custody in New York generally requires a hearing with taking of testimony and evidence in support of your case. In contrast with a proper entry of an interim emergency residential or visitation order, an interim award of sole legal custody (decision making) […]
Can a custodial parent relocate the subject children without consent?
Can a custodial parent relocate the subject children without consent? This is a complex legal issue that is worthy of exploration. The Pandemic has caused an increase in cases where a divorcing parent wants to leave the city for a more suburban life. In New York City, the move often involves a request to move […]
JURISDICTION IN A NEW YORK CHILD CUSTODY CASE
JURISDICTION IN A NEW YORK CHILD CUSTODY CASE DRL Section 76 deals with the New York version of the UCCJEA, or Uniform Child Custody Jurisdiction Enforcement Act which is designed to cover situations where the parents of a child live in different states and are in Family Court in their respective states, or, if married, have filed […]
DOES EQUITABLE DISTRIBUTION OF PROPERTY MEAN EQUAL DISTRIBUTION
DOES EQUITABLE DISTRIBUTION OF PROPERTY MEAN EQUAL DISTRIBUTION Does equitable distribution of property mean equal distribution in a New York Divorce action? That is an interesting question given that many attorneys advise that you can expect a court to do that in garden variety divorces. But it should not be the end of the factual […]