The Indian Child Welfare Act of 1978 (ICWA) was enacted in response to practices that separated large numbers of Native American children from their families and tribe. See 25 USC § 1901 et seq. It is common for representatives from the relevant Indian tribe to intervene in child custody proceedings involving Indian…
A divorce proceeding must be initiated in the state where at least one of the parties is domiciled. Not only must one of the parties be domiciled in the state where the divorce proceeding is initiated, the person must have met the minimum residency requirements. In Weis v. Weis, because…
In Schechter v. Schechter, the court considered whether a religious arbitration tribunal could determine child custody and whether the Supreme Court could then confirm the arbitration decision. Background David Schechter, the plaintiff and Wendy Zehava Schechter, the defendant entered into an agreement pursuant to which they agreed to arbitrate all…
Fault divorce is granted when one spouse proves that the other spouse did something which resulted in the failure of the marriage. Under New York Domestic Relations Law, grounds for fault-based divorce include: Cruel and inhuman treatment. DRL §170.1 Abandonment for a continuous period of one year or more. DRL §170.2 Imprisonment…
At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage. Just like…
In this case the Supreme Court considered whether the terms of a separation agreement prepared by a non-attorney mediator were unconscionable and as a result should be voided. A separation agreement is a document agreed to by a husband and wife in which they agree to the conditions related to…
In this case the Appellate Division examined whether the family court considered the 14-year-old child’s wishes when granting the father visitation. In making decisions about custody and visitation, the Family Court’s primary concern is to do what is in the best interests of the child. The determination of what is…
In this case the Appellate Division reviewed an order of the Family Court of Schenectady County dismissing a mother’s motion to seek visitation with her child. The Family Court’s decision was based on two factors: the report of the forensic evaluator and the mother’s emotional outburst during the hearing. In…
This case involves a “best interests” hearing that stems from a motion of the father to modify the custody arrangement giving him sole legal and physical custody of his children. It had been previously established that the mother had alienated the children from their father, and as a result, the…
In a child protective proceeding, the Appellate Division considered whether the mother had taken sufficient steps to be reunified with her children. In New York , if there is evidence that a parent has abused or neglected his (or her) child, the Administration for Children’s Services (ACS) has the authority…