Today’s blog will be a break from my typical legal analysis of family law issues. Here I focus on tips, facts and suggestions pertaining to the children of the transitioning families that I have picked up in my time working as a matrimonial, family law attorney and mediator in the…
Last week, I blogged about temporary or pendente lite maintenance. This blog will discuss temporary child support or pendente lite (while the case is pending) child support in New York cases. Pendente lite child support is the child support that is either agreed upon or awarded by a court while a…
Temporary orders of protection are issued by the Family Court (or the Supreme Court in divorce cases) and can last as long as a Family Offense case is pending in the court. Final orders of protection are those that are issued at the end of the case. Family Offense petitions…
Claims of parental alienation in child custody, matrimonial and family law cases abound. This article will focus upon parental alienation in the context of child custody and parenting time or visitation cases. I have previously written about constructive emancipation which is applicable to child support cases. The ultimate sanction, if parental…
Juvenile delinquency cases are handled in the New York Family Courts. If a child is determined to be a juvenile delinquent, the court is there to issue an order that not only is designed protect the community, but is also there to consider the needs and best interest of the…
The law in New York does contain reasons to deviate from the guidelines amount of child support. The Child Support Standards Act contains a formula, based on income, that dictates what the presumptive amount of child support should be in each particular case. The law also contains ten reasons that a…
This article is meant to provide some background about divorce and family law matters in the New York City borough of Queens, New York. As mentioned in prior blog entries, although the statutes are the same for everyone in New York State, there are different rules and procedures that change…
Can the New York courts exercise jurisdiction over a child custody case? In my practice as a New York City area and Long Island Child Custody attorney, this question comes when a child moves into New York from out of state or if a child moves from New York. The…
The Uniform Interstate Family Support Act (UIFSA) has been adopted, in some form, by every state in the United States. New York’s version of the law may be found in the New York Family Court Act Article 5-B. The Act became necessary since parents and children end up having connections…
Habeas Corpus is another Latin term, used in legal proceedings which means “You have the body”. This blog entry will refer to the use of the term in family law proceedings which, of course, has a different application than in criminal law proceedings which also make use of Writs of…