Today we have another installment of "How Not To React When You Are Served With Court Papers." Most people when they are served with court papers react appropriately. They do not attack the process server or verbally lash out at them. They do not show the papers to their children. They do not just throw [Read More]
As discussed in the previous articles in this series, a court will determine a custodial parent request to relocate with a child over the objection of a non-custodial parent by using the factors set forth in the Tropea case. The fifth and last of these factors is the existence of a geographic relocation restriction agreement [Read More]
We start the year by concluding the discussion of relocation of a custodial parent. Parts 1 and 2 dealt with general issues. Parts 3 and 4 will deal with some specific considerations. As discussed previously, in evaluating a custodial parent's request for permission to relocate with a minor a court must determine if such a [Read More]
Getting divorced or being separated at Christmas time is probably one of the worst experiences that a person can have. Being the child of parents who were getting divorced or who are separated at Christmas time can be even worse. This is especially so when parents put their own interests ahead of their child's. Here [Read More]
A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. The factors by which a court should determine if such a move would be in a child's best interests were established [Read More]
A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. This rule was articulated by the New York Court of Appeals in 1996 in the landmark cases of Tropea v. Tropea. [Read More]
In New York State, marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors that are listed in the Domestic Relations Law. These factors examine the "economic partnership" that constitutes the marriage in question and guide a court in determining [Read More]
In New York State, a married couple's marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors listed in the Domestic Relations Law. None of these factors is marital fault. "Marital fault” refers to the misconduct of either party that [Read More]
In a Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and other rights that protect criminal defendants do not extend to Family [Read More]
In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to this exception to the hearsay rule, the definition of corroboration is very broad. The Family Court Act defines corroboration as any other evidence tending [Read More]