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Archive for the ‘Family Law’ Category

“She told me that she would not have the baby.” “We had an agreement and she knew that I was not ready for a child.” “I barely know her and I did not sign up for this.” And so are the statements that we receive regularly from soon-to-be-fathers calling to retain this firm to protect [...]

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In a 2007 Rockland County Family Court case, Mom and Dad agreed that they would have joint decision making (legal custody) of their minor child and that the child would primarily live with their mother.  Now, the mother files a petition seeking permission to relocate with the child out of New York State.  The Father [...]

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We all should eschew cultural stereotypes, especially if we might be inclined to make important life decisions based thereon.  That is what a father and a New York Family Court referee recently learned in Manhattan.  The father, who lived in Manhattan, had responded to an online advertisement by woman from Queens who was seeking to [...]

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Does it really make sense to incarcerate child support debtors if it is clear that they have no funds to pay, or even the ability to borrow funds to satisfy their obligations? Take the case of Damian. In 1999 a child support hearing was commenced with respect to his CSSA income, and the appropriate amount [...]

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Child custody awards are never “final”.  They may always be modified or changed, based upon the best interests of the child.   Notice I didn’t say “needs” or “wants” of the child; I said “best interests of the child”.  In the Westchester County Family Court, a mother sought to change the parties’ Judgment of Divorce which [...]

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You Can’t Choose Your Parents That is what a 58-year-old woman in Manhattan recently learned much to her disappoint.  The woman had gone to court to get the name of her mother’s husband at the time of her birth removed from her birth certificate.  Why would she do this?  For two reasons:  First, she believed [...]

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Besides the possible issues of negative “karma” from buying your dream house from a couple going through a bitter divorce, such a transaction can be fraught with problems. Buying a house from a couple in the process of divorcing may result in a great bargain because these people are often among the most motivated of [...]

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After living together as a couple since 1963, Edith and Thea, two women, were finally able to get married in Canada in 2007.  They thereafter enjoyed their lives together as a married couple in New York State until Thea died, after being together in a committed relationship for 47 years! In New York, “surviving spouses” [...]

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