New York Family Law Blog

Published on: October 24, 2012

Plaintiff Requests a Bifurcation of Issues

by Stephen Bilkis

A New York Family Lawyer said 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

The plaintiff and the defendant are respectively 44 and 43 years old and have three children together. The children are 18, 13, and 11 years old. The couple was married on the fifteenth of June, 1985. A New York Child Custody Lawyer said the plaintiffs have begun this matrimonial action on the 20th of June, 2005. The main issue in this dispute is how the marital property of the couple is going to be distributed. The marital property includes a substantial amount of real property that they own as tenants by the entirety, the money that is located in a bank account that is only in the name of the plaintiff, and the value of the business owned by the defendant and the value of the plaintiff’s nursing degree and nursing license.

Published on: October 23, 2012

Plaintiff Moved to Increase Alimony

by Stephen Bilkis

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. Phillips alleges that the defendant has treated her cruelly and fails to provide fro her. A New York Family Lawyer said the defendant denies these allegations and has entered a counterclaim seeking an annulment from the marriage. The defendant states that their marriage should be annulled because the plaintiff was still married to another individual at the time the couple was married.

Case Background

On the last day of March in the year 1950, the plaintiff obtained a divorce from her husband, Mr. Moss. This divorce was obtained in the state of Georgia in the Superior Court of Richmond County. At the time of the divorce the plaintiff stated that she had been a resident of Georgia for over a year before instituting the action for divorce. However, a New York Custody Lawyer said the plaintiff was actually still a New York state resident at that time. She had only been in Georgia for a couple of days and visited the state for the purpose of obtaining the divorce and no other reason. She had not established a residency in the state of Georgia. Moss, the plaintiff’s husband acknowledged the action in the Georgia court and did not contest the divorce. The decree from the Georgia court states that the divorce was granted to the plaintiff on the 31st of March, 1950. After the divorce took place, the plaintiff’s ex-husband Moss took on another spouse.

Published on: October 13, 2012

Child Placed in Foster Care Due to Parent’s Drug Use

by Stephen Bilkis

This matter deals with Michael D. who is a child that is under the age of eighteen and has been allegedly neglected by Tiffany D. This case is being heard in the Family Court of New York in Bronx County.

Case Background

The child in this case, Michael D. is only two years old. On the 5th of August, 2010, the attorney for the child moved to show case that the Administration of Children’s Services along with its contract agency, Little Flower Children and Family Services of New York were in contempt for disobedience of mandates that were made by the court. A New York Family Lawyer said the attorney for the child alleges that both the ACS and Little Flower agency violated the orders that were made in this court on the fourth of March, 2010 and the tenth of May, 2010, and these violations impaired and were prejudice against the child in the pending neglect proceeding.

Published on: October 12, 2012

Court Decides if Nonbiological Parent can have Visitation Rights

by Stephen Bilkis

The petitioner in this case is Sean H. and the respondent is Leila H. The case is being heard in the Supreme Court of the State of New York in Bronx County. This case brings up an interesting situation where the husband held himself as the father of the wife’s child, even though he knew that he was not. For over four years the petitioner, Sean H. acted as the father of the child. A New York Family Lawyer said this included signing an acknowledgment of paternity and giving the child his name. Now the petitioner and respondent are estranged and the biological father of the child has reentered the respondent’s life. The question before the court is who the legal father of the child is and who has the right to pursue visitation rights with the child.

Case Background

The petitioner is seeking visitation rights with the child, T. who is the biological child of the respondent. The petitioner and respondent were married after the child was born. The child was born on the 17th of November, 1997. Almost two years after the birth the petitioner signed an acknowledgment of paternity and his name was added to the child’s birth certificate. The couple held the child out to be the biological father of the child for several years.

Published on: October 10, 2012

Court Rules on Child Neglect Case

by Stephen Bilkis

This is an application for guardianship of a child pursuant to the provisions that are set up under the Social Services Law. The petitioner and appellant of the case is Graham Windham. The respondent of the case is Deborah K. This case is being heard in the Supreme Court, Appellate Division, First Department.

Case Background

A New York Family Lawyer said the child in this case is Shantal who was born on the 26th of November, 1970. In December of 1970 Shantal was placed with the Agency voluntarily as the mother had no home for the child to live in. Shantal was placed with a foster family until April of 1971. Shantal was returned to her mother at this time.

Published on: October 9, 2012

Court Reviews Joint Custody Agreement

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant of this case is Leroy D. West Sr. The respondent in this case is Racquel Vanderhorst. A New York Family Lawyer the petitioner and appellant in this case Leroy D. West Sr. is appealing an order that was made by the Referee Elizabeth Barnett in the Family Court of Bronx County. The order awarded the respondent mother, Racquel Vanderhorst with sole legal and physical custody of the parties’ child. The petitioner father was given visitation rights in the order.

Case Discussion

When reviewing the facts of the case, the determination that was made by the Referee to modify the joint custody agreement of the couple was made on a substantial basis. The record shows that after the judgment for divorce was granted to the couple there was a complete breakdown of communication between the couple. A New York Custody Lawyer said there was an instance of domestic violence that occurred in the presence of the child. This made the possibility of joint custody as was agreed to in the divorce agreement, impossible.

Published on: October 8, 2012

Court Confirms an Order for Protection

by Stephen Bilkis

This case is being heard in the Appellate Division of the Supreme Court of the State of New York. the petitioner and respondent in this case is Tonya B. The respondent and appellant of the case is Matthew B. A New York Family Lawyer said the order that is being appealed in this case was made in the Bronx County Family Court. Judge Alma Cordova made the original decision in the case. The original order granted a petition for a protection order against the respondent for two years. This was subject to court ordered visitation with the couple’s child.

Court Discussion

When reviewing the case the court finds no reason to disturb the original determination made by the court that the petitioner made a credible testimony stating that the respondent had tried to assault her. The testimony along with photographs of the bruises on her arm supports the findings of attempted assault.

Published on: October 7, 2012

Petitioner Alleges Violation of Order of Visitation

by Stephen Bilkis

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant in the case is Claudio M. The respondent in this case is Janet R.

A New York Family Lawyer said the petitioner in this case is appealing an order that was made in the Family Court of Bronx County on the 19th of November, 2010. Judge Alma Cordova made the original order that dismissed the petition made by the father for sanctions against the respondent mother for violation of a court order of visitation.

Case Discussion

Published on: October 6, 2012

Court Confirms Order for Protection

by Stephen Bilkis

The petitioner and respondent in this case is Jennifer M. The respondent and appellant of the case is Derek J. This case is being heard in the Appellate Division of the Supreme Court of the State of New York.

A New York Family Lawyer said the order that is being appealed in this case was made in the Family Court of Bronx County by Judge Alma Cordova. The order was entered on or around the 24th of May, 2010 and granted the respondent father with supervised visitation rights with the child of the couple. A five year order of protection was issued against him.

Court Discussion

Published on: October 5, 2012

Court Reviews Order Regarding Father’s Visitation

by Stephen Bilkis

The petitioner and appellant of this case is Reynaldo M. The respondent in the case is Violet F. The case is being heard in the First Department, Appellate Division, of the Supreme Court of the State of New York. This is a case of appeal. A New York Family Lawyer said the appellant, Reynaldo M. is appealing an order that was made in the Family Court of Bronx County by the Referee Annette Louise Guarino. The original order was made on or around the 15th of April in 1010 and granted the petitioner father contact with his child in the form of letters, mail, and gifts and the child was free to initiate telephone contact with the father if she desired.

Case Discussion

When reviewing the record of the case it is found that the lawyer of the father consented to the order and there is no appeal that can be entered on behalf of a consenting party. A Nassau County Family Lawyer said the lawyer was familiar with the situation and had represented the father on a number of occasions before this case.