A couple commenced an action for divorce and for child custody of their minor child. At the time of the action was initiated, the couple were living apart for several months. The wife instituted the action in Florida. She filed and received an ex-parte injunction enjoining either party from removing…
Articles Posted in Divorce
Court Looks at Jurisdictional Issue
A man married a physician in June 1985 in New York. They have one child who was born on July 1990 in New York. In June 1991, the man commenced a divorce proceeding, also in New York, which was settled on the record before the trial court in July 1991.…
Father Moves to Modify Custody Arrangement
The parties were married in May 1998. They have a minor child who was born in the United States in January 2003. Both parties are enlisted members of the United States Army currently on active duty at the same army base located in the Republic of Korea, where they have…
Child Custody Dispute Arises Over Mother Relocating
On March 2007, a father filed an action in court for child custody. However, the mother cross petition the action. Each of the parties testified in their own behalf and the father of the child called his mother to stand as a witness. A New York Family Lawyer said that…
When Plaintiff Moved, Court Said She Gave Up Marital Property
This case is being heard in the Supreme Court of the State of New York, Special Term, located in Nassau County. The plaintiff in the case is Theresa Huber and the defendant in the case is Adolph Huber. Both the defendant and the plaintiff have moved for summary judgment. Case…
Court Decides Lack of Jurisdiction Issue for Division of Property
This is a case being heard in the Court of Appeals in the State of New York. The appellant in this case is Ellen Corcoran, who is the executrix of the estate of John J. O’Connell, deceased. The respondent in this case is Maureen O’Connell. Case Background The respondent, Maureen…
Court Decides Issues Need to be Bifurcated
This is a divorce proceeding being held in front of the Supreme Court of the State of New York located in Westchester County. The defendant in the matter is Thomas Hannigan and the plaintiff in the case is Barbara Hannigan. Case Background A New York Family Lawyer said the plaintiff…
Plaintiff Asks for an Increase in Support
This is a case being heard in the Special and Trial Term of the Supreme Court located in New York County. The plaintiff in the matter is Ethel Phillips and the defendant is Gilbert L. Phillips. The plaintiff is seeking a separation from the defendant, who is her husband. Ms.…
Custody Battles are Damaging to Children
Jurisdiction is an important issue in child custody hearings. Often the parents of the child live in different court jurisdictions, or even different states. A New York Family Lawyer said the courts must work with the parents to determine which court system will have jurisdiction over the matters that are…
Parent Requests to Take Child Out of State
The problems that arise when a family is divorced are endless. Not only do the parents separate and create new homes, but the children have to divide their time between two parents. When a divorce is finalized, a visitation schedule is created. A New York Family Lawyer said parents are…