In matters of family law, the presumption that a child born during a marriage is the biological child of the married couple has long been a central issue in paternity disputes. This presumption can be rebutted, but it requires clear and convincing evidence. In a recent case before the Queens…
In family law, an order of protection can serve as a legal tool to prevent harm and ensure the safety of individuals involved in domestic disputes. These disputes often arise out of family offenses, which are specific criminal acts that occur between people who share a family or household relationship.…
When a divorce occurs in another country, New York courts can address unresolved issues such as property division, child support, and spousal maintenance. Foreign divorce judgments are generally recognized under New York law if they comply with due process and do not violate public policy. However, New York courts can…
Dissipation of marital assets refers to the wasteful, reckless, or intentional use of marital funds for purposes unrelated to the marriage, often occurring during or shortly before divorce proceedings. Examples include excessive spending, gambling, or transferring assets to conceal them. In New York, the spouse alleging dissipation must prove it…
In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a…
A Final Order of Visitation (FOV) in New York is a legal document issued by the court that establishes the specific rights of a non-custodial parent or other party to have visitation with a child. This order outlines the schedule, duration, and conditions under which visitation will occur, aiming to…
In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack…
When parents lose custody of their children, the goal of the Administration for Children’s Services (ACS) is always to permanently place the children in stable family environment. While reunification with bio parents is the best case scenario, adoption is also a positive outcome. Carter v. Admin. for Children’s Servs., 176…
This case involved the termination of a father’s parental rights to his three children, William, Hailey, and Amanda, under Social Services Law § 384-b. The Family Court found that the father was unable to care for the children due to mental illness and had permanently neglected them. The court transferred…
In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute…