In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and…
In a matrimonial case involving child custody and economic provisions, the Supreme Court of Queens County addressed the defendant’s request to modify the custody arrangement and to vacate the economic provisions of the divorce judgment. This case underscores how courts evaluate requests for custody modification and challenges to economic terms…
The defendant moves by order to show cause for the following relief: for an order pursuant to CPLR §§ 327 and 3012(b) as follows: a) granting defendant dismissal of this action by virtue of the plaintiff’s failure to timely serve a complaint; b) granting defendant a dismissal of this…
A New York Family Lawyer said the couple purchased their marital residence in 1999 and thereafter rented portions of the home to residential tenants while occupying its main floor. In February 2002 the wife commenced an action for a divorce and ancillary relief. In a pendente lite (pending in court)…
A New York Family Lawyer said that, in an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Nassau County, dated April 7, 2008, which, upon a decision of the same court dated March…
A New York Family Lawyer said that, in three related proceedings, inter alia, for modification of child support and maintenance obligations, the petitioner husband appeals (1) from an order of the Family Court, Nassau County, entered December 20, 1988, which denied his objections to so much of an order of…
A New York Family Lawyer said a couple entered into a written separation agreement and was divorced by the decision of the Supreme Court. Subsequently, the woman married another man and moved into the man’s residence. The woman and her new husband filed a petition for the adoption of the…
A New York Family Lawyer said complainant seeks a decision compelling and directing the sale of a real property owned by a couple. The complainant states that they brought an action against the couple to recover $24,371.56. The attorney further states that a decision was duly entered in the action…
A New York Family Lawyer said that, in a matrimonial action in which the parties were divorced by judgment entered August 5, 1981, the plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County, entered June 29, 1987, as denied that branch of her cross…
A New York Family Lawyer said a man filed a paternity petition requesting that an order be made declaring him to be the father of a child. The man and the mother were present at the trial and the documents reflect that the court already noted the paternity of the…