Nassau

Published on: August 24, 2012

Court Hears Jurisdiction Issue

by Stephen Bilkis

An Italian-born American woman married another American in the United States in August 1992. They went to Italy where their only son was born in July 2001. The child has Italian and American citizenship.

A New York Family Lawyer said the couple divorced in April 2004 in New York but the divorce decree did not rule on the custody or visitation issue because New York was not the home state of their son as he has lived only nine months in New York prior to his parents’ divorce.

The mother returned to Italy with her son to apply with the Italian courts for a determination of the custody and visitation issue. The Italian court awarded the mother sole custody of their son and gave visitation rights to the father. The Italian court went further and allowed the mother to decide whether she wants to reside in Italy or the United States as long as the father is not deprived of his right to visitation.

Published on: August 17, 2012

Child Custody Dispute Arises Over Mother Relocating

by Stephen Bilkis

On March 2007, a father filed an action in court for child custody. However, the mother cross petition the action. Each of the parties testified in their own behalf and the father of the child called his mother to stand as a witness.

A New York Family Lawyer said that n the evidence and testimonies presented, it revealed that the mother of the child was born and raised in Florida, where she lived with her mother and father until her parents got a divorce when she was 17 or 18 years of age. She continued to live with her father until she was 22 and got her own apartment. On 2002, she met the child’s father, exchanged phone numbers and began talking on the phone a few times a week. This continued for a few months until they actually met in person when the mother came with a friend to New York for a vacation. The father testified that they met up one night to hang out and had a couple of drinks. After the mother returned to Florida, the parties continued to speak over the telephone and on May 2004, the mother invited the father down to Florida for the weekend. Their relationship started and became intimate. At some point during their relationship, they made the decision to have a child together.

In October 2004 the mother learned she was pregnant. That same month, the father took his two-week vacation and went to Florida to be with the mother. A Nassau County Family Lawyer said he also brought his daughter with him. The couple discussed the possibility of the man’s moving to Florida so, while he was there, he looked for a job in maintenance by posting his resume on a Web site and checking the local newspapers. At the end of October 2004 the mother was terminated from her job as a general claims clerk for taking more time off from work than her allotted annual leave. The man then offered the mother to live in New York since he had a stable job and home there.

Published on: August 15, 2012

Court Decides Lack of Jurisdiction Issue for Division of Property

by Stephen Bilkis

This is a case being heard in the Court of Appeals in the State of New York. The appellant in this case is Ellen Corcoran, who is the executrix of the estate of John J. O’Connell, deceased. The respondent in this case is Maureen O’Connell.

Case Background

The respondent, Maureen O’Connell was married to the appellant, the deceased John J. O’Connell in 1959. The couple had eight children during their marriage. Each of the children are now emancipated. The plaintiff moved out of the marital residence in 1982 and began a divorce proceeding in New York. This divorce procedure was based on inhuman and cruel treatment.

Published on: August 13, 2012

Plaintiff Asks for an Increase in Support

by Stephen Bilkis

This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. The defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. The defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

On the last day of March in the year 1950, the plaintiff obtained a divorce from her husband, Mr. Moss. This divorce was obtained in the state of Georgia in the Superior Court of Richmond County. At the time of the divorce the plaintiff stated that she had been a resident of Georgia for over a year before instituting the action for divorce. However, the plaintiff was actually still a New York state resident at that time. A New York Family Lawyer said he had only been in Georgia for a couple of days and visited the state for the purpose of obtaining the divorce and no other reason. She had not established a residency in the state of Georgia. Moss, the plaintiff’s husband acknowledged the action in the Georgia court and did not contest the divorce. The decree from the Georgia court states that the divorce was granted to the plaintiff on the 31st of March, 1950. After the divorce took place, the plaintiff’s ex-husband Moss took on another spouse.

Published on: August 11, 2012

Custody Battles are Damaging to Children

by Stephen Bilkis

Jurisdiction is an important issue in child custody hearings. Often the parents of the child live in different court jurisdictions, or even different states. A New York Family Lawyer said the courts must work with the parents to determine which court system will have jurisdiction over the matters that are involved in each case. In one Suffolk County case, the parents’ divorce was finalized in the Nassau County Family Court in 2002. Following that action, the mother was granted primary custody of the child of the union. She relocated to Suffolk County.

Since the time that the divorce was finalized and the mother moved to Suffolk County, the Suffolk County Family Court has handled at least one motion to adjust the visitation schedule that the couple had in place to manage the visitation of the child. In 2008, the father of the child made a motion to the Nassau County Family Court to change primary custody over to him. The mother filed a cross-motion to deny the father’s motion and to have all jurisdiction over future motions transferred to the Suffolk County Family Court. The mother maintains that the father has moved to Suffolk County in the years since the divorce was finalized. A Nassau County Family Lawyer said that means that at the time of this particular motion, the mother, father, and the child are all living in Suffolk County and no one is living in Nassau County.

The Supreme Court reviewed the motions and determined that the proper venue of any motions in this case would be the Suffolk County Family Court. They contend that since all concerned parties are living in Suffolk County, it only makes sense that the court system to handle their case should also be Suffolk County. The court also appointed a Law Guardian for the child.

Published on: August 6, 2012

Noncustodial Parent Objects to Relocation of Children

by Stephen Bilkis

The problems that arise when a family is divorced are endless. Not only do the parents separate and create new homes, but the children have to divide their time between two parents. When a divorce is finalized, a visitation schedule is created. A New York Family Lawyer said parents are required to create a visitation schedule and the courts ensure that the parents remain in compliance with the orders of the court. However, life is rarely a stagnant existence. Changes occur in every person’s life that can affect the application of a visitation schedule.

One of the most common changes to affect a parent’s life involves having to move to another state. Whether a person has to relocate for business, or personal reasons, if that person is divorced with children, the visitation schedule will have to be reviewed by the court. In fact, if the parent who is moving to another state is the primary custodial parent, it can even affect the move. A primary custodial parent must apply to the state of New York family court for permission to move with the child. The courts of New York strive to ensure that the best interests of the child or children is the most important issue that must be addressed.

When the non-custodial parent objects to the move, things can get even more complex. A Nassau County Family Lawyer said on one case that was heard before the New York State Supreme Court of Nassau County on October 26, 1998, a mother was transferred to a different state and applied to the court for permission to take her child with her. Her ex-husband objected and countered the motion with one of his own. His motion was to have primary custody of the child transferred to him and a new visitation arrangement drawn up so that the mother could have limited visitation. On January 29, 1998, the mother’s request to move with the child to the state of Florida was denied. The mother had to fight for ten months to have her case heard on appeal. Ten months is a very long time when your job and your ability to keep your child is at stake. Finally in October, the Supreme Court of Nassau County prepared to hear her appeal of the trial court’s decision to deny her request to move with the child to Florida.

Published on: August 3, 2012

On 20 February 2001, the subject child who was at that time 10 months old

by Stephen Bilkis

The Facts:

On 20 February 2001, the subject child who was at that time 10 months old, had been hospitalized with a burn mark to her right eye, burn marks below her right cheek, a one-inch burn mark across the back of her neck, bruises and burn marks below her nose, three fractured ribs, cuts and scab marks on her hands and arms, cuts behind and inside her ears, cuts and scabs on both the soles of her feet, a circular mark on the top of her head, bruises to the left side of her face and swollen hands. A New York Family Lawyer said respondents failed to provide a reasonable explanation for the child’s injuries. The petition also noted that, in November 2000, when she was only six months old, she had sustained a dislocated and fractured elbow, and respondents failed to seek medical attention for her until two days after the injury had been sustained.

On 30 April 2002, the child was adjudicated abused under the Family Court Act after a fact-finding hearing and custody of the subject child has been removed from the parents. A Nassau County Family Lawyer said as a result, her three siblings were adjudicated derivatively abused and parental custody was also removed.

Published on: July 31, 2012

Case Filed on Behalf of Child who was at that time 10 months old

by Stephen Bilkis

The Facts:

On 20 February 2001, a New York Family Lawyer said the subject child who was at that time 10 months old, had been hospitalized with a burn mark to her right eye, burn marks below her right cheek, a one-inch burn mark across the back of her neck, bruises and burn marks below her nose, three fractured ribs, cuts and scab marks on her hands and arms, cuts behind and inside her ears, cuts and scabs on both the soles of her feet, a circular mark on the top of her head, bruises to the left side of her face and swollen hands. Respondents failed to provide a reasonable explanation for the child’s injuries. The petition also noted that, in November 2000, when she was only six months old, she had sustained a dislocated and fractured elbow, and respondents failed to seek medical attention for her until two days after the injury had been sustained.

On 30 April 2002, the child was adjudicated abused under the Family Court Act after a fact-finding hearing and custody of the subject child has been removed from the parents. A Nassau County Family Lawyer said as a result, her three siblings were adjudicated derivatively abused and parental custody was also removed.

Published on: July 27, 2012

Father Contends Child Support Not Being Used for Child

by Stephen Bilkis

New York Family Court can become creative when it must deal with diverse personalities in divorce decrees. This is especially true when the divorce decree includes a custody issue with the parents of minor children. There are almost as many options for customizing custody decrees as there are people who must be governed by them.

A New York Family Lawyer said sometimes, parents are not happy with the choices that the courts make for them in regard to the custody arrangement prepared by the courts. When that happens, one or both of the parents can become belligerent about the inaction of the orders. It becomes the court’s duty to enforce the decree and the custody orders that are attached to it. When one or both of the parents of a minor child do not comply with the court orders, the courts will issue penalties that can be quite harsh.

In one case from New York, a mother was not being compliant about allowing her ex-husband the visitation that the court had ordered for him. After she failed to present the child for visitation on several occasions, the court ordered that she would have to deal with the consequences. The court ordered that one half of her child support payments from her ex-husband would have to go into an escrow account with her attorney. A Nassau County Family Lawyer said that money would then be used solely for the purpose of enhancing the relationship between the father and the child. In order for her to obtain funds from that escrow account, she would have to present an accounting to the court.

Published on: June 28, 2012

Court Discusses the Rights of a Non-Marital Parent

by Stephen Bilkis

On October 15, 1999, a child was born between the petitioner mother and respondent father. The respondent father acknowledged his paternity and his name was placed on child’s birth certificate. A New York Family Lawyer said the respondent visited regularly and contributed to the child’s support for 18 months. However, the parties never married or lived together because respondent has a family of his own. Accordingly, in the spring 2001, the parties’ relationship ended, although respondent continued to call the petitioner to discuss the child during the months that followed. During the years that follow, respondent father did not visit nor give support to the child.

The mother then met and married her current husband. The mother moved out of her apartment but submitted a change of address notification form to the United States Post Office. She changed her home telephone number but kept the same cell phone number, the same job, the same work address and the same telephone number at work. The mother notified her landlord about her move.

Thereafter, the respondent father received a notice from the petitioner mother’s intent for stepparent adoption. Respondent father filed a petition seeking visitation rights and opposed the adoption. In his petition, respondent alleged that he did everything for the child. On 2006, the petitioner mother and her husband filed a stepparent adoption.