Nassau County

Published on: February 1, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

Many families truly honor the presence of grandparents who play a large role too in influencing the younger ones in each family. Besides, there would not be any grandparents day if there are not important, right? However, it might surprise you that there are lots of child visitation rights tackled by a reliable New York family lawyer which include grandparents fighting for their rights to see their grandchildren especially if one of the parents have already passed away. In this case, both parents have not died but are separated instead. This involved the appeal of the maternal grandmother of the child by the name of Mona Chapin against the father Jason Forbes.

The grandmother was first allowed to visit her grandchild of one week during the summer season and about five weekends in a year. But according to a Nassau County Child Support Lawyer everything changed when the father of the child started to remarry. After this second wedding, the court found out that he and his new wife are depriving already the visitation rights of the grandmother in the middle part of 2002. In 2003, the mother of the child agreed to give full parental rights and even allowed the stepmother to adopt her own son. But all these decisions were not relayed to the grandmother involved.

When the grandmother knew about the adoption plan, she filed contempt against the father for the shortcoming of not informing her and this according to a Nassau County Family Lawyer. When the general master reviewed the role of the grandmother, they discovered that she was consistent then of fulfilling her visitation rights and that the father truly had a mistake in that point of not informing her. This case then was decided to base it all on whichever would be for the best interest of the child.

Published on: January 31, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

Every New York Family Lawyer has somehow encountered the common case of a grandparent seeking for visitation rights of his or her grandchildren. And in some states in the country, it becomes all the more complicated since some laws do not allow such visitation when one of the parents would like their privacy to be respected. The mother of the child involved in this case who was kept unnamed already filed a paternity action for child support from the father but he also sought visitation rights for his own mother.

It is important to note according to the that the child who is a minor was born right out of wedlock. If this is the case, there is a great chance that the child can be allowed to be visited too by the grandparents. But it is the right of any of the parents to not allow this especially when it comes to the aspect of familial privacy. This term about the rights of the parent to raise their kids without others interfering in the way. If there comes a time that they get into a disagreement, it should be taken to court and they will be the one to decide which would be best for the child.

Some researches done by a respected Nasau County Divorce Lawyer that there are cases visitation rights are given to parents only if it would be the best interest for the child involved. And it is very important to note that this scenario would only be allowed if the parents have both left their right for familial privacy by letting the court settle whatever disagreement they may have. But if it is the court’s decision to allow the grandparent to visit regularly, then this does not violate any of the parents’ privacy rights.

Published on: January 30, 2012

Visitation

by Stephen Bilkis

Sandra Lynn Chavis filed a paternity suit five months after her child was born on October 6. The father named was Todd Adamson. She was claiming for paternity, child support, sharing in the medical expenses, shared parental responsibility and scheduling of visitation. A New York Family Lawyer said, in response, Mr. Adamson, who lives in a different State, asked for joint custody and visitation for him and the paternal grandparents living in Georgia. The father had admitted paternity already and had given financial support as well as paid part of the medical expenses of the child. They had their own proposed visitation schedules.

By September, six months after the filing, the court had finalized a decision. In terms of the visitation schedule, they had adopted the one proposed by the Ms. Chavis without any variation. This is even after they said that they will make a compromise schedule and not adopt just one. In the judgment, it said that there will be no overnight visitation for some time as an eleven month-old child has some emotional needs and physical limitations that make it inadvisable to do. According to a Nassau County Family Lawyer, the court sees the want of the father and the grandparents to form a bond with the child early on, but because they are far, it will be hard for an infant even a toddler.

The father, Mr. Adamson, in the lower court’s decision gets a few hours of visitation where Ms. Chavis lives. This is done on alternating weekends. Only by the age two does he get an overnight visit, which is only once every month. It is restricted further to Saturday afternoon to Sunday afternoon. By age three, he can already take the child for an overnight, not a weekend visit, outside the State. Extended visits are only to be done beginning the summer before the child enters first grade. There is also no provision for the visitation of the grandparents. Mr. Adamson appealed against this ruling.

Published on: January 29, 2012

Bronx Man Injects Wife with Poison

by Stephen Bilkis

Authorities have told a New York Family Lawyer that a Bronx man allegedly injected his wife with poison before drinking it himself. Although reports are sketchy at this moment as to whether he stuck the needle into her buttocks or into her arm, the one report that is clear is that soon after the injection the 35-year old woman lapsed into a coma and died the next day.

The couple had only recently moved into the building due to a fire that had occurred at their former residence. The neighbors told a New York Family Attorney that since the couple had been unable to obtain a loan to assist them after the fire that the stress in their relationship became increasingly clear.

This stress continued to the point that police were dispatched to the couple’s residence on at least three occasions, with the latest being on Sunday, the day before this latest incident. The argument had reportedly been so bad, that the woman fled the couple’s apartment to go to her sister’s apartment that is in the same building. It was at this point that police were called to the scene, during which they filed a domestic violence report and then left, witnesses told a Nassau County Family Lawyer.

Published on: January 27, 2012

Lifetime Alimony Being Challenged in TN

by Stephen Bilkis

Scheduled on the Tennessee Supreme Court’s late spring docket is a case that many believe could change the way that alimony is awarded in TN, a New York Family Lawyer read recently. The case that is receiving the focus is a divorce case that has been seen a divorced couple embattled in the courts since 2007.

At the time of the couple’s divorce, the appeals court ordered the man to pay $1,250 in alimony each month to his ex-wife of 21 years. At the time of their 2009 divorce, her salary was $72,000 and his was $137,000. Other sources have stated that the type of alimony that was awarded in this case is typically reserved for another situation that includes the woman having sacrificed her career for her family, is over the age of 50, and is unable to find a job that can pay her enough to maintain her current lifestyle.

While the opinions on whether a lifetime alimony award should remain in place varies, the underlying principle behind alimony is to ensure that the remaining family members do not have to needlessly suffer simply because one of the marital partners decides they no longer desire to continue in the relationship. There are also varying opinions as to if someone should be forced to pay alimony for the lifetime of the other partner, or until that person should decide to remarry. As a Nassau County Family Lawyer was also told, this is what the man who is party in the above-mentioned divorce is arguing. Part of his argument is that his ex-wife may never remarry simply because she would want the alimony payments to continue.

Published on: January 16, 2012

Woman Runs over Husband’s Ex-Wife

by Stephen Bilkis

New York Divorce Lawyer Reports: Woman Runs over Husband’s Ex-Wife.

At a local ball park in Alabama, a woman subjected at least seventy witnesses, many of whom were young children, to the horrific scene of her running over her husband’s ex-wife and daughter – not once, but three times.

Police say the 43-year-old woman is charged with two counts of attempted murder and one count of reckless endangerment. She was released on bond. It is possible that the woman will have additional charges brought against her.

Published on: January 15, 2012

Woman’s Wrongful Death Suit Reinstated by Appeals Court

by Stephen Bilkis

“A state appeals court reinstated a woman’s lawsuit,” a New York Family Lawyer reports. The wrongful death suit was over a man she had considered to be her husband for four years, but who was not divorced from his previous wife before their wedding day.

The Sixth District Court of Appeals in ruled that someone who “believed in good faith” that he or she was legally married is, indeed, entitled to marital rights – including the right to sue in the case of wrongful death. This ruling goes against more than 20 years of opposing rulings in the cases of “putative spouses.”

A putative spouse is one who mistakenly believes they are married. California courts have recognized the rights of such spouses for a century or more. Legislation affirmed those same rights in 1969.

Published on: January 15, 2012

Marriage Counselor Owed $10,000

by Stephen Bilkis

A lady hired marriage counseling services in 2009 and the bills mounted up to $10,476. The fees were high because she wanted a Pennsylvania based counselor to fly to Los Angles for the counseling. Then she failed to pay any of the fees, or travel expenses. The couple has since received their divorce noted a New York Family Lawyer.

The woman is currently being sued by Creative Energy Options because she did not agree to pay them the money that she owed. The marriage counseling services were provided in 2009, but she refuses to pay.

The divorce between the couple was finalized in December 2009. But earlier in the year she is said to of hired a Pennsylvania based marriage counseling firm. She asked them to fly all the way to Los Angeles to offer counseling services. The company explained that she was made fully aware of the costs, and the fact that she would have to pay for traveling expenses.

Published on: November 24, 2011

Divorce Numbers Rise as Economic Recession Passes

by Stephen Bilkis

The Recession of 2007-2009 presented many people worldwide with problems that most had never seen before in their lifetimes. Although the global economy continues to struggle, most would agree that the recession is easing and many are beginning to put their lives back in order. A Brooklyn Divorce Lawyer has learned that although many couples are getting their finances back on track, there are others who have decided to call it quits as a couple.

Those who have studied certain points in history, such as the Great Depression, and various recessions and depressions that have occurred since, have indicated that most couples have a tendency to stick together during times of economic hardship. However, once better times begin to emerge, there is usually an increase in the number of divorces that are filed. While there is some discussion as to the exact cause for this, many do agree that when the prospects appear better to exit a bad marriage, that many people will take that path. This often occurs more whenever financial prospects appear better than when it does not.

While the economic recession may be concluding for many, there are perhaps just as many who continue to have financial difficulties. The number of personal bankruptcies being filed remain at similar levels, and that the financial stress continues to cause many couples to have problems. Financial stress is one of the biggest reasons that couples file for divorce. Many couples continue to struggle with mortgage payments that both parties submitted to without issues during better economic times, but when the economy soured so did their credit scores and bank accounts.Not to mentioin, if children are involved, the high legal costs asscoiated with a child custody battle, equitable distribution or child support payments.

Published on: November 2, 2011

Divorce Hearing in Judge’s Chambers Ends in Brutal Attack

by Stephen Bilkis

A New York Family Lawyer reports on a brutal attack that took place in judge’s chambers. An ex-Marine and his wife, also a former Marine, were meeting in judge’s chambers for their final divorce hearing when the husband viciously and ‘without provocation’ attacked his wife. The attack resulted in extensive facial and head trauma.

Authorities rushed the 23-year old woman to the hospital where she, bruised and swollen, was listed as ‘in stable condition,’ but because of the worry of a head injury, she had to be kept overnight in the intensive care unit for observation. She sustained a facial fracture, torn lip, and broken nose.

Her husband, the attacker, had to be subdued with a stun gun and is being held in the local jail on the charges of felony battery, domestic violence and resisting arrest without violence, according to police reports.