Orders of Protection

In cases of Domestic Violence, often the first place people go is the Family Court. The New York Family Court is the prime dispenser of these orders within families; although, the criminal, county and supreme courts also have the authority…

0 Comments / 70 View / September 18, 2007

Child Visitation With Same-sex parents

NOTE: AS I have said elsewhere, this is a quickly changing area of the law. I have new blogs on this. The big problem for Gay and Lesbian married couples is that the statutes do not protect you in child…

0 Comments / 32 View / September 16, 2007

Equitiable Distribution in a Divorce Where There is Abandonment by spouse

Justice Darrell Gavrin, of Queens County, New York, in the divorce of  Pritchett v. Pritchett, found that where a husband abandoned his wife for a significant period of time, he forfeited some of his property rights to her. The parties…

0 Comments / 49 View / September 16, 2007

Getting a Divorce From A Missing Spouse

I get a surprising number of telephone calls from people asking if they can get a divorce in New York, even if they cant find their spouse. The answer is “yes” but the process involves some extra steps. Under the…

0 Comments / 90 View / August 25, 2007

Parental Alienation, Child Custody and Visitation

Custody and visitation issues can be the difficult to resolve. After the break-up of a couple, the custodial parent sometimes seeks to convince the child that the ex is a bad person who was responsible for the dissolution of the…

0 Comments / 137 View / August 25, 2007

Uniform Child Custody Jurisdiction Act (UCCJEA)

All fifty states have enacted the Uniform Child Custody Jurisdiction Act, also known as the UCCJEA. The purpose of the statute is to provide some degree of uniformity for determining which state will have jurisdiction over a child custody/visitation matter….

0 Comments / 273 View / July 27, 2007

Cross-State Custody Cases

An issue I came across recently had to do with a cross-state child custody order. Congress has passed a law to prevent a parent from grabbing the child and rushing to another state in order to get a modification to…

0 Comments / 84 View / July 27, 2007