Parenting time or visitation schedules vary from family to family. For the most part, the term visitation has been replaced by the term parenting time but both are still used. Parenting time or visitation schedules detail when either parent spends time with their children. First in this article, I will…
The Family Court in New York has the jurisdiction to hear cases involving allegations of abuse and neglect of children. They are commonly referred to as “N” docket cases since the docket number starts with the letter N. Generally the case belongs in the county of residence of the subject…
Yes, void marriages can be decreed a non-event or an annulment can be granted of a marriage if certain specific grounds are met. The law on annulments is contained in the New York Domestic Relations Law Article 9. If someone was still married, and their spouse still living, when the next…
My mission is to help the wronged, unhappy or injured get what is fair and right. This is the initial draft of my “Why” as I discovered yesterday when doing an exercise at the annual training of the New York Association of Collaborative Professionals. The “Why” can be tweaked and…
There are various resources out there free on the internet which are useful in practicing New York family law. The New York statutes are one of the most important sources of information and are located in different places on the internet. As a Long Island Divorce Lawyer, family law attorney…
Marital assets, and debt, in New York generally are things that are acquired during the marriage that does not fall under the exception of separate property. Separate property, in general are things that a spouse entered the marriage with that was kept separate throughout the marriage. Property acquired by gifts…
Orders of protection can be issued by either the Family Court or the Supreme Court as part of a child custody case or divorce in New York. My previous blog articles concerning orders of protection in family law matters focused on the most common method that orders of protection cases…
I have previously discussed modifications of judgments of divorce. As a reminder, a modification does not erase the order that was made, but if there is an adequate change of circumstances under the law, a party to the case can change the order going forward in certain circumstances. But, can…
In a word, yes, drug tests can be ordered, but they do not have unfettered discretion to order tests at their whim. The cases in New York have held that when the physical and mental state of a parent is in question the New York Civil Practice Law and Rules…
When calculating income for child support or temporary maintenance (alimony), according to the New York Domestic Relations Law and the Family Court Act, the Court may, if the court believes it is appropriate, add in or “impute” income to people. The statutes outline some enumerated items to be considered for…