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…
New York Family Law Blog
Court Determines Custody Issue
A former husband filed a petition to modify a divorce decree order made by another court and seeks a sole custody of his son. A decree of divorce was filed and was made by the Supreme Court. The basis of authority for the decree was a separation agreement entered into…
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,…
Mother Takes Child Out of State Due to Abuse Suspicions
The father, who is thirty-two years of age, and the mother, who is thirty years old were married in New York. A New York Family Lawyer said while married, the father worked as a first grade teacher and the mother worked as a mandarin interpreter. The couple knew each other…
Court Rules of Visitation Issue
A man and his wife were residents of California and were married in California in October 1975. Their daughter was born also in California on January 29, 1977. Two years after their marriage and not soon after their daughter was born, their marital problems drove them to a trial separation.…
Defendant Contends Due Process Violation
Police undercover operations involving drugs and drug sales are strictly monitored. It is important that the rules are followed so that everyone’s rights are preserved. A New York Family Lawyer said that means that if the police officers do not follow the guidelines that are established in the law, the…
Court Grants Divorce Based on Constructive Abandonment
A couple was married in Albania. The couple had five children and all of the children are free from restraint. The children are ages are thirteen, eight, seven, five and four. A New York Family Lawyer said the four youngest children reside with the mother at a shelter in a…
Court Rules on “Horiffic” Domestic Violence Crime
The accused and his victim had an “on and off” intimate relationship from January 1996 to June 199. In early June of 1997, they had an argument in which he accused her of having an affair with another man. After this argument, the victim broke off contact with him and…
Court Discusses Jurisdiction Issue
The Facts: A “husband” (also referred to as decedent or deceased) and his wife were married for forty years at the time of his death. They had four children together, and she had two from a previous marriage. A New York Family Lawyer the husband was Jewish and his wife…
Court Determines if Personal Jurisdiction Present in Divorce Case
On 18 May 1981, in the hopes of forming a family, appellant husband and his wife got married in Queens, New York. The parties then resided in West Germany until May 1983 when the wife left West Germany and moved to Montgomery, Alabama. A New York Family Lawyer said the…