Hope for men who are falsely accused of family offenses
Lisa Beth Older, a New York Divorce Lawyer, comments on a Family Offense and Order of Protection case. In the below case decided January 25, 2011 the Appellate Court reversed the Family Court Order in a Family Offense case in New York and held that the facts at the hearing did not establish that the […]
Understanding the Consequences of not having a Retainer Agreement in your New York Matrimonial case
The below referenced case explains to the potential party to a New York divorce what you should expect in executing an agreement between you and your New York divorce lawyer. This case speaks to the fact that in all matrimonial matters the client is entitled to a retainer agreement and a Client Bill of Rights. In […]
Same Sex Parties Married in Vermont May Dissolve their Civil Union in New York
This case law is provided to you by New York Divorce Lawyer Lisa Beth Older. This Appellate Court case states that same sex parties married in Vermont may dissolve their civil Union in New York, at least in the Third Department, and the trend say that the parties may very well have the ability to make application through a […]
Excellent Second Department Cases on Family Law
N.Y.A.D. 2 Dept.,2005.In re Derick Shea D.22 A.D.3d 753, 804 N.Y.S.2d 389, 2005 N.Y. Slip Op. 07959 HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ. In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as […]
The Court held that the Lower court had a sound and substantial basis for a change in custody
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTDANIEL D. ANGIOLILLO, J.P.THOMAS A. DICKERSONL. PRISCILLA HALLROBERT J. MILLER, JJ. 2010-009302010-080402010-08041(Index No. 2309/02) [*1]Adelaida O’Brien, respondent, v Kevin O’Brien, appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York, N.Y.(Elliott J. Zucker of counsel), for appellant.Mark D. Stern, Goshen, N.Y., for respondent. […]
Lisa Beth wins Custody Case
Appellate Division: Second Judicial Department Argued – June 19, 2009 2009-00143 DECISION & ORDER In the Matter of Alyse Larkin, appellant, v Caleb J. White, respondent. (Docket Nos. V-9582-07, V-9760-07) Lisa Beth Older, New York, N.Y., for appellant. Joan C. Salwen, Scarsdale, N.Y., for respondent. Joseph P. Abbenda, Glen Cove, N.Y., attorney for the child. […]
Termination of Child Support Obligations when a Child Abandons a Parent
New York and Brooklyn Divorce Lawyer Lisa Beth Older comments upon the case which follows, written by the New York Supreme Court, Fourth Department. In the below case, the Supreme Court states in pertinent part that if a child abandons a parent that parent is entitled to a hearing as to whether or not it is appropriate for the New York Court […]
Case of the Fourth Department of the State of New York on Child Abuse
New York Divorce Laywer posts case of the Fourth Department of the State of New York on child abuse SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1070 CAF 10-01876 PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ. IN THE MATTER OF CHELSEY B. —————————————— ERIE COUNTY DEPARTMENT OF […]
Interfering with a Father’s Visitation Rights results in a change of Custody Agreement
Lisa Beth Older, Esq. a New York Family Law lawyer, discusses a recent custody case coming out of the Supreme Court appellate court, Third Department in June 2011 which upheld the lower Family Court Decision to take custody away from the Mother and half sibling on the below facts. The Court held that it was wrong of the Mother to […]
Lisa Beth Older New York, a Brooklyn Divorce Lawyer, comments on the March 2011 amendment to the Domestic Relations law
Amendment DRL240(1) (a) and its impact on Battered woman’s Syndrome: Abuse as a Mandatory Factor in “Best Interests” analysis In March 2011 the Domestic Relations law was amended in recognition of the impact spousal abuse has on the best interest of children, requiring that the court consider the factor and affect domestic violence has upon the […]