Age of Majority and Child Custody Determinations
In a recent Second Department case, the court dismissed a father’s appeal, challenging the lower court’s award of sole custody of the parties’ three children to their mother. The appeal was dismissed by the Second Department because the parties’ oldest son had reached the age of majority. The court…
Read MoreBling or Bust: New Study Correlates Engagement Ring Size to Divorce Rate
A study released earlier this week conducted at Emory University suggests that the larger the engagement ring, the higher the likelihood that the marriage will result in divorce. Out of the 3,151 Americans surveyed, researchers found that couples who spent between $2,000 and $4,000 on a ring were 1.3 times more likely to end their…
Read MoreUpcoming Changes for Support Modifications as Referenced in Family Court Act
New amendments to section 451 of the Family Court Act are set to go into effect on December 22, 2014. These changes will result in new requirements for parties seeking to modify an order of support. Mainly, a petitioner– the party that is seeking to modify the monthly support obligation– will be mandated to include…
Read MoreCan Children Sue Their Stepparents in Family Court?
During the process of his father’s divorce proceeding, Michael Arnold brought a family offense petition in Suffolk County Family Court against his stepmother alleging she had committed harassment against him. Specifically, Mr. Arnold alleged that his stepmother had told people he was stealing from her and was threatening to ruin his life and career. The…
Read MoreLegal Separation or Divorce: Which Choice is Right for You?
Can your actions during a legal separation affect your custodial rights in a subsequent divorce judgment? In a recent Second Department case, the court answered this question in the affirmative. In Eison v. Eison, a married couple chose to legally separate instead of filing for divorce. The couple remained separated for several years, and during…
Read MoreRight of First Offer in a Child Custody Agreement
In a recent Second Department case, Saravia v. Godzieba, the court modified a custody agreement to include a provision directing that when one parent is working, that parent, prior to making babysitting arrangements with a nonparent, shall first afford the other parent the opportunity to care for the child during such work period. In the…
Read MoreFather Loses Visitation Due to Grandparents’ Bad Behavior
Did you know that failing to discourage your parents from talking badly about you ex-spouse can jeopardize visitation with your child? On August 6, 2014, in a case called Weiss v. Rosenthal, the Second Department revoked a father’s visitation based on the paternal grandparents’ persistent bad mouthing of the child’s mother in the presence of…
Read MoreNationwide Changes to Alimony Laws
The Chicago Tribune featured an article last week that detailed a bill signed into law by New Jersey Governor Chris Christie that will effectively end lifetime alimony payments to former spouses. In sum, the law will limit the required time of alimony payments to be equal to or shorter than the duration of the parties’…
Read MoreNew Trend in Divorce Proceedings
Last month, one of our blog articles detailed a recent trend that we’ve seen re-invent traditional divorce norms throughout European countries. Not to fear– this “Divorce Hotel” option is now available to Americans, just a few hours north of Manhattan in Saratoga Springs, New York. Developer Jim Halfens was so pleased with his enterprise in…
Read MoreTips For Successful Co- Parenting
For couples with children, the only issue that is perhaps more difficult than the actual decision to divorce, is how to successfully co- parent with one’s former spouse. Whether the kids live with Mom or Dad, within the same town or across the country, various issues are bound to arise and it is imperative that…
Read More