A New York Family Lawyer said in an action for a divorce and ancillary relief, the defendant man appeals from a decision of the Suffolk County Supreme Court made after a nonjury trial, and as limited by his brief, from stated portions of a judgment of the same court which,…
Articles Posted in Custody
Court Discusses Property Ownership of Licensee
In this Special Proceedings case, petitioners are the owners of the Subject Property. Respondent moved into the Subject Property with her paramour after learning she was pregnant with the subject child. Petitioner’s husband is the biological father. A New York Family Lawyer said the parties acknowledged that there are no…
Court Discusses Statutory Duties of Law Guardian
In this Order of protection case, the Law Guardian was relieved and new counsel assigned to represent the child’s interests. Respondent mother’s counsel asserts that during the fact-finding hearing, while the caseworker for the Administration for Children’s Services was testifying, the Law Guardian read a People/Us magazine under her desk…
Appellant Seeks Modification of Child Support Obligations
The instant case arises from an award of child support entered after an inquest, upon the appellant’s default in appearing at the hearing. A New York Family Lawyer said the appellant alleges he became sick immediately prior to the commencement of a support hearing in February 1990 and asked his…
Mother Seeks to Relocate and Modify Divorce Decree
A mother filed a motion to modify their divorce decree by deleting the requirement that she must reside with her three children within a radius of fifty miles of New York City. A New York Family Lawyer said the purpose of her application was to relocate the children with her.…
Court Discusses Dual Representation Issue
Plaintiff A is the court appointed article 81 financial guardian for B. He is also the co-trustee of the B Family Trust. A New York Family Lawyer said these appointments were made only after the original action was brought. A has now interposed a third amended complaint on behalf of…
Court Discusses Jurisdiction Issue in Custody Battle
In this motion for leave to reargue respondent’s motion to dismiss for lack of jurisdiction, and for leave to reargue the decision and order of this Court dated August 8, 1977. A New York Family Lawyer said that, respondent contends that this Court lacks jurisdiction in this proceeding brought by…
Father Disregards Child Support Order
In 1996, a paternity and child support proceedings were initiated against a man regarding a child, born out of wedlock. A New York Family Lawyer said the matter was scheduled but on the day the man failed to appear. After an inquest, the court entered an order declaring the man…
Court Decides Paternity Issue
A man filed a verified petition seeking an order of the court vacating an order of filiation entered upon his admission. He had appeared before Hearing Examiner and admitted that he was the biological father of a boy who was born out of wedlock on January 25, 1988. A New…
Court Dismisses Appeal for Further Review of Division of Marital Property
In an action for a divorce and ancillary relief, the defendant man appeals from a decision of the Suffolk County Supreme Court made after a nonjury trial, and as limited by his brief, from stated portions of a judgment of the same court which, upon the decision has awarded the…