A New York Family Lawyer said this proceeding consolidates, only for purposes of decision, two matrimonial actions with similar facts. In both matrimonial actions, the court granted a Judgment of Divorce based on express sworn statement and Findings of fact that there were no children of the marriage. In both…
Articles Posted in Custody
Respondent Objects to Child Support Order
A New York Family Lawyer said that, objections filed by Respondent, the non-custodial parent, to an order of the Support Magistrate in favor of Petitioner modifying a child support order of $25 per week for birth expenses by an additional $62 per week for current child support of the parties’…
Father Contends Court Made an Error in Child Support Calculation
A New York Family Lawyer said that, in a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County, entered September 10, 2007, which granted his objections to so much of an order of the same court entered…
Court Discusses Plaintiff’s Rights to Discovery
Bligen v Markland Estates, Inc Court Discusses Plaintiff’s Rights to Discovery The plaintiff is the mother of an infant child who allegedly suffered from lead poison during the period that they lived at a premises located in Jamaica, Queens. The defendants were the owner and managers of the property. After…
Petitioner Seeks to Modify Custody
In May 2007, petitioner filed a petition for a writ of habeas corpus claiming that when he was unable — due to financial circumstances — to pick up his daughter at Respondent’s home after a visit with her pursuant to the 2005 Order, Respondent refused to return the Subject Child…
Mother Accused of Extramarital Affair During Custody Battle
In 1998, petitioner, the father of four adult children, became romantically involved with respondent mother, whom he met on one of his business trips to New York. An executive of a corporation based in Missouri, the father has residences in Manhattan and St. Louis, as well as the marital home,…
Foster Mother Moves for Custody
The child of herein parties was born in 1995, with a positive toxicology for cocaine. He was removed from his mother’s custody shortly after birth. Her parental rights were eventually terminated, as were the father’s in 1999. A New York Family Lawyer said both parents’ terminations were based on permanent…
Father Moves for Sole Custody
A mother filed a motion to modify their divorce decree by deleting the requirement that she must reside with her three children within a radius of fifty miles of New York City. A New York Family Lawyer said the purpose of her application was to relocate the children with her.…
Court Discusses Complicated Case Involving a TRO
Plaintiff A is the court appointed article 81 financial guardian for B. He is also the co-trustee of the B Family Trust. A New York Family Lawyer said these appointments were made only after the original action was brought. A has now interposed a third amended complaint on behalf of…
Court Decides Jurisdiction Issue
In this motion for leave to reargue respondent’s motion to dismiss for lack of jurisdiction, and for leave to reargue the decision and order of this Court dated August 8, 1977. A New York Family Lawyer said that, respondent contends that this Court lacks jurisdiction in this proceeding brought by…