Articles Posted in New York City

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The Domestic Relations Law sec. 240(1) provides that the trial court’s award of child custody must be made as justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child, noting that in all cases there shall be no prima facie right to the custody of the child in either parent. However, a New York Family Lawyer said an appellate court would be seriously remiss if it allowed a custody determination to stand where it lacked a sound and substantial basis in the record and, indeed, was contrary to the weight of the credible evidence.

The plaintiff wife and defendant husband were married in 1974 while attending nursing school and medical school, respectively. During their marriage, they had twin daughters whose custody has been the subject of this action. The record established that in 1982, the husband established his private practice in pediatrics and his income grew steadily thereafter. The wife in 1983 became a nurse investigator for a law firm which entails more flexible hours.

During the trial, the court requested psychiatric evaluation of all family members, as well as the evaluation by the Nassau County Probation Department. A New York Criminal Lawyer said the evaluation specifically recommended that the wife be granted custody of children. However, the Supreme Court awarded the twin daughter’s custody to the defendant husband. The Court concluded that the wife has been more or less a ‘remote control’ mother, having an interest in her children’s welfare, but leaving the actual rearing, at this point in their lives, to the father and a housekeeper. The Supreme Court based its findings with the record that reveals that the wife’s hours spent in pursuit of a career outside the home are decidedly fewer and more flexible than those spent by the husband.

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In consolidated proceedings in accordance with the Family Court Act articles 6 and 8, the man appeals, as limited by his brief, from stated portions of an order of the Family Court which, among other things, adjudged him to be in violation of an order of protection and sentenced him to 15 days of incarceration in the Nassau County Correctional Facility, and as limited by his brief, from so much of an order of the same court, as denied his application for sole child custody of the couple, or alternatively, increased visitation.

A New York Family Lawyer said Article 6 of the Family Court Act has the authority to make initial child custody and visitation awards. It also may modify existing orders, unless a judgment of divorce retains sole jurisdiction to the Supreme Court. While Article 6 of the Family Court Act gives Family Court jurisdiction over child custody, the substantive law of child custody remains embodied in case law.

Article 6 further confers the Family Court jurisdiction over guardianship proceedings. The Surrogate’s Court has concurrent jurisdiction for guardianship, and Family Court can grant only guardianship of the person, while Surrogate’s Court can grant guardianship of the person and guardianship of the property.

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A married couple was having marital problems. The husband left his wife and his daughter when he left their apartment in May 1981. From that time, the wife had custody of their daughter.

A New York Family Lawyer said the wife continued to have custody over their child during the divorce proceedings she instituted against her husband when the family court granted her temporary custody over their child while her application for divorce was being heard. She asked to an order granting her custody over their child and for the payment of maintenance and child support.

During the course of the divorce proceedings, the husband also applied that instead of being given visitation rights, he be granted custody over their child. The only question before the family court then was who between the mother and the father should be given custody over their child.

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The Facts:

The parties were divorced in 2004. The parties had joint legal custody of their children with the mother having physical custody and the father having certain rights of parenting time. A New York Family Lawyer said at the time of the divorce, the parties were living in Albany, New York, having relocated together from Long Island. Immediately after the divorce was finalized, the parties continued to live together for financial reasons but eventually moved into separate apartments in Albany with the children living with the mother. The father exercised his parenting rights during this time, though the extent to which he did so is in dispute.

Sometime after, the mother met her current husband, a resident of South Carolina, in an online chat room and began a long distance relationship which resulted in one of them traveling once every few months to see the other. At other times they would both travel and meet somewhere in the middle. In 2005, the mother had a hysterectomy which she blamed for causing her to lose her job. A Nassau County Family Lawyer said the loss of her job and the father’s alleged failure to provide regular child support placed her in dire financial straits which she believed could only be remedied by relocating to South Carolina where, aside from her current husband, her mother and sister resided.

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A New York Family Lawyer said the appellant of the case is Harry Louis Eckel who is represented by Dennis A. Barbarisi, from Fort Walton Beach. The appellee of the case is Anita Karla Eckel who is represented by John P. Townsend of Chesser, Wingard, Barr & Townsend in Fort Walton Beach.

The Appeal

Harry Louis Eckel is seeking an appeal from an order made by the circuit court that dismisses his petition for dissolution of his marriage based on lack of personal jurisdiction.

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In this case, Matthew G. Czajak is the petitioner and Donna A. Vavonese is the respondent.

The Background

The Family Court Act provides jurisdiction over paternity to Family Court only when determining issues of support. The Family Court does not have the authority to ascertain status except when involved in adoption proceedings. A New York Custody Lawyer said that a father looking to establish paternity when the child is being supported by the mother’s ex-husband cannot be determined here due to the court’s lack of jurisdiction.

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In this case, the petitioner is Petra A. Mac Fadden, and the respondent is Peter R. Martini.

Case Details

The petitioner would like a modification to an original divorce judgment. The original judgment required that $100 in child support was paid every month by the respondent to support the couple’s daughter up until her eighteenth birthday.

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In this case, Patricia Bryant is the respondent-appellant and James Bryant is the appellant respondent.

History

Mr. and Mrs. Bryant were originally married in 1976. Their two children were born 1981 and 1983. The initial separation between the couple took place in 1994, with an understanding between the two of them that Mrs. Bryant would have physical custody of the children, although they would share custody. The following year, Mr. Bryant was ordered to pay $116 each week in child support.

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It’s been reported that Chris Kattan of SNL is separating from his wife, Sunshine Tutt who is model.

The couple were only married for six months. They met a couple of years ago at a party and dated after that.

The moment you decide to file for separation on the road to a divorce, it is essential to have a New York Family Lawyer to represent you. Custody and visitation issues could become involved. A qualified lawyer will fight on your behalf to reach an understanding which will be palatable for you in a tough time. it is not important to worry about a protection order If child abuse and neglect are not issues.

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The parties were married on 1992 and on 2005, the Mother filed for divorce. The couple resolved the issues arising from their marriage and agreed to joint custody of the two subject children, a daughter age 12 and a son age 14. The children would have visitation with each parent pursuant to the detailed schedule set forth and as mutually agreed to by and between the parties. Since then, the children have been spending Mon-Tues with Father, Wed-Thurs with Mother and alternating weekends with each parent. With the exception of Thanksgiving, all holidays are shared equally. The parties agreed that they would alternate Thanksgiving as follows: two years to Mother and one year to Father. Both children excel academically. Neither child is alleged to have special needs.

Petitioner Father is 43 years old. He lives alone with two dogs. He has been engaged since February 2006 to his girlfriend who he intends to marry when the case is over. After his marriage, the Father told his ex-wife he intends to relocate where his fiancé lives and works. As of the time of his trial testimony, the children had met the Father’s fiance approximately six times.

The Father is self employed as a real estate agent and an insurance salesman. He was employed as a Vice President at a division of a Bank, for about eighteen months, but is no longer employed there. A New York Family Lawyer said that no evidence was introduced as to the Father’s current income. The Mother said that she believed her ex-husband may be supporting himself by selling marijuana and using equity from the home. The Mother alleges that their daughter five bags of illegal drugs in his Father’s cellar. The Father admitted that he was arrested for marijuana possession when he was 32 years old.

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