In order for a court to modify any order previously enacted by that court or another, the petitioner/complainant is responsible to demonstrate that there has been a significant change in circumstances that would warrant the court to take action to modify the agreement. A significant change is something more than…
Articles Posted in Custody
Court Discusses Modification of Visitation Schedule
A married couple who resided in New York filed for a divorce and was granted a decree of divorce in January 18, 1980. The decree or divorce granted the custody of their common child to the wife while giving the husband a visitation schedule. A New York Family Lawyer said…
Does Re-Marriage Justify Change in Custody?
A couple was married in New York sometime on April 7, 1979. They had a daughter who was born on November 28, 1980. A New York Family Lawyer said tht two years after their daughter was born, the woman sought a divorce from her husband. The woman was granted custody…
Court Decides Custody of Mixed Race Child
A Caucasian woman married an African-American man on December 5, 1973. They had a daughter. The woman filed for divorce on the ground that her husband was physically abusing her and that he had extra-marital affairs with other women. A New York Custody Lawyer said she then asked the family…
Court Determines Child Support Based on Earnings of Each Party
In an action for a divorce and additional relief, the husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court as awarded counsel fees to the complainant wife. A New York Family Lawyer said the wife was awarded with $150 per week in…
Court Determines Parental Rights Issue
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. Respondent visited regularly and contributed to the child’s support for 18 months. However, a New York Custody Lawyer said the…
Court Discusses Warrantless Search of Home
The sanctity of the American home is considered one of the most vital of all rights in this free society. It is because of this attitude that search and seizure laws are constantly being revisited. The American jurisprudence system obtained the roots of its procedural law from the old English…
Court Decides Custody Dispute
A husband and wife separated in 1982. In their separation agreement, the former spouses agreed that the mother would have child custody and the father would have reasonable visitation rights upon 48 hours’ notice. A New York Family Lawyer said the mother also agreed that the mother would not remove…
Appellant Contends Court Lacked Jurisdiction
A lawsuit appeal arises out from a family court decision that the court has lacked authority in a custody modification proceeding after a mother fled with her five-year-old son to another country in the middle of the proceeding. A New York Family Lawyer said the court however reversed the said…
Defendant Contends 14th Amendment Rights were Violated
A trained undercover state police officer has purchased heroin from a seller (herein respondent) through the open doorway of an apartment. Subsequently, the police undercover described the seller to another police officer as being a colored man, approximately five feet eleven inches tall, dark complexion, black hair, short Afro style,…