The Upstate New York Divorce Law Blog
Relocation of a Custodial Parent: Part 2
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. [Read More]
Relocation of a Custodial Parent: Part 1
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. [Read More]
The Equitable Distribution Factors
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 [Read More]
Equitable Distribution: Marital Fault Is Not a Factor
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 [Read More]
Failing to Testify or Call a Witness at a Custody Hearing
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 [Read More]
Corroboration of a Child’s Out-of-Court Statement
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 [Read More]