Articles Posted in Divorce

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 the father took full advantage of his visitation rights and cultivated a good relationship with their daughter despite the divorce. The child also began a close relationship with her grandparents on her mother’s and father’s side.

Sometime in 1987, the mother applied for a modification of the visitation schedule in the divorce decree. The mother claimed that she has obtained employment in Tennessee and would like to relocate there with her child.

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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 of the child while the divorce case was being heard.

In February 24, 1983, the mother and father made oral stipulations where the parties agreed that their daughter will remain with the mother and the father will have liberal visitation rights.

The order of divorce was honored by the mother and the father except for some instances when the mother took her daughter to the Bahamas for a vacation in 1985. A New York Custody Lawyer said while on vacation there, the mother met a Canadian who was also divorced and had two sons. The Canadian was a resident of Montreal where he had a business.

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 for custody over her child during the pendency of the divorce proceedings. She also asked for child support and for possession of the family home.

The husband made counterclaims against his wife. He charged her with neglect, physical and verbal abuse as well as abandoning their home and taking their child from him.

The family court granted custody to the mother during the pendency of the divorce proceedings and also ordered child support to be paid to her. During the pendency of the divorce, the father was to have visitation rights. Once during the divorce proceedings, the child was taken by her father on one of his visits. He never returned the child and the woman asked for an order of protection against the father. The mother then exerted efforts to find her daughter. She succeeded in discovering her husband’s whereabouts and the mother went to San Francisco, California to take custody over her own child and brought her back with her to New York.

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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 child support, granted the husband with visitation to the infant only to the extent that it is supervised to the wife’s satisfaction, and distributed the marital assets in the proportion of 75% to the complainant wife and 25% to the husband.

The judgment is modified, on the law and in the exercise of discretion, deleting the $430.00 and substituting the words $372.50; deleting the $150.00 and $430.00, and substituting, respectively, $86.63, and $372.50; deleting the words which equals $100.00 per week, leaving a balance of $50.00 per week, and substituting the words leaving a balance of zero; striking the eighth decretal paragraph and substituting a provision granting the wife a credit for the required payments on the balance of her purchase-money mortgage of $372.50 per month until the entire mortgage amount of $24,000 has been paid; deleting $150.00, and substituting the $86.63; adding to the eleventh decretal paragraph thereof, after the figure $2,885.84, and the complainant’s Nissan automobile with a net value of FOUR-THOUSAND DOLLARS ($4,000); and striking the twelfth decretal paragraph. As modified, the judgment is affirmed insofar as appealed from, with costs to the complainant, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination on the issue of visitation, unless the parties can reach an agreement on visitation prior thereto. In the interim, a New York Custody Lawyer said the provisions for visitation contained in the third decretal paragraph shall continue.

The trial court properly distributed the marital assets in a proportion based upon the ratio of the parties’ respective earnings during the latter years of the marriage, when most of the marital assets were acquired. A Nassau County Family Lawyer said the award of the greater proportion of the marital assets to the wife was particularly appropriate in view of her extraordinary efforts to improve the economic condition of the family when compared to the husband’s complacency in that respect. The court erred, however, in failing to include as a marital asset the parties’ automobile which was purchased with savings accumulated during the marriage.

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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 parties never married or lived together because respondent has a famil of his own. Accordingly, in the spring 2001, the parties’ relationship ended, although respondent continued to call the petitioner to discuss the child during the months that followed. During the years that follow, respondent father did not visit nor give support to the child.

The mother then met and married her current husband. The mother moved out of her apartment but submitted a change of address notification form to the United States Post Office. She changed her home telephone number but kept the same cell phone number, the same job, the same work address and the same telephone number at work. The mother notified her landlord about her move.

Thereafter, the respondent father received a notice from the petitioner mother’s intent for stepparent adoption. Respondent father filed a petition seeking visitation rights and opposed the adoption. In his petition, respondent alleged that he did everything for the child. On 2006, the petitioner mother and her husband filed a stepparent adoption.

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