Custody cases in general are among the more difficult domestic relations cases. Custody cases that involve children with special needs are even more challenging for parents and attorneys. Courts have recognized the "unique challenges" presented by children with special needs and the case law reflects that in custody cases involving special needs children those special [Read More]
In our age where the moral stigma of divorce is almost gone, there is still a certain stigma to adultery. Although people who have affairs no longer are branded with a scarlet letter, most people are a little leery of those people whom they know to have affairs. Maybe we trust them less or we [Read More]
After seventeen years laboring in the pit of despair that is the Family Court, I know that I have not seen it all, not do I ever wish to. However, there is not too much that shocks me anymore. Nevertheless, I was really blown away to see what sort of nonsense they entertain in New [Read More]
All too often kids are the victims in divorces and custody battles. Protecting kids from the conflict between their parents is among the most important things parents can do for their children. There are some resources available to help parents with this. One of these is the State of New York Parent Education and Awareness [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 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]