A husband initially commenced a divorce proceeding in his place but the court declined to hear it since his children are United States citizens. The husband thereafter initiated the action again and an extensive decision of the court was issued on child custody and visitation. A New York Family Lawyer…
Articles Posted in New York City
Court Decides Whether a Writ of Habeas Corpus Confers to Subject Matter Jurisdiction
The parties were married in California thereafter they resided together in Orange County, New York. A New York Family Lawyer said the respondent wife moved out of the marital residence. She was approximately seven months pregnant at the time. She filed a family offense petition in Orange County Family Court…
Petitioner Seeks Support for Niece from Niece’s Father
A New York Family Lawyer said the complainant woman seeks support for her niece against her niece’s father. The support petition was originally dismissed by a hearing examiner. But, by order of a judge, the order of dismissal was vacated. Consequently, the matter remanded back to the hearing examiner to…
Court Discusses Domestic Relations Law
A New York Family Lawyer said that, in a proceeding pursuant to article 3-A of the Domestic Relations Law (the Uniform Support of Dependents Law), petitioner appeals from an order of the Family Court Queens County, dated November 1, 1976, which denied her motion for a “rehearing and reconsideration” of…
Court Discusses Whether Plaintiff is Entitled to Damages for Death of Son
A New York Family Lawyer said that, in an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated March 8, 1996, as granted the motion of the defendants for…
Court Discusses Doctrine of Equitable Estoppel
A New York Family Lawyer said the court has before it the petitioner’s objections to the order of Support Magistrate, dated March 7, 2007, dismissing the petition filed herein. A New York Child Support Lawyer said that, pursuant to the Uniform Interstate Family Support Act (Family Court Act Article 5-B),…
Court Dissolution Involving Emancipated Children
A New York Family Lawyer said this proceeding consolidates, only for purposes of decision, two matrimonial actions with similar facts. In both matrimonial actions, the court granted a Judgment of Divorce based on express sworn statement and Findings of fact that there were no children of the marriage. In both…
Respondent Objects to Child Support Order
A New York Family Lawyer said that, objections filed by Respondent, the non-custodial parent, to an order of the Support Magistrate in favor of Petitioner modifying a child support order of $25 per week for birth expenses by an additional $62 per week for current child support of the parties’…
Court Discusses Plaintiff’s Rights to Discovery
Bligen v Markland Estates, Inc Court Discusses Plaintiff’s Rights to Discovery The plaintiff is the mother of an infant child who allegedly suffered from lead poison during the period that they lived at a premises located in Jamaica, Queens. The defendants were the owner and managers of the property. After…
Petitioner Seeks to Modify Custody
In May 2007, petitioner filed a petition for a writ of habeas corpus claiming that when he was unable — due to financial circumstances — to pick up his daughter at Respondent’s home after a visit with her pursuant to the 2005 Order, Respondent refused to return the Subject Child…