New York Family Law Blog

Published on: August 15, 2012

Court Decides Lack of Jurisdiction Issue for Division of Property

by Stephen Bilkis

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 O’Connell was married to the appellant, the deceased John J. O’Connell in 1959. The couple had eight children during their marriage. Each of the children are now emancipated. The plaintiff moved out of the marital residence in 1982 and began a divorce proceeding in New York. This divorce procedure was based on inhuman and cruel treatment.

Published on: August 14, 2012

Court Decides Issues Need to be Bifurcated

by Stephen Bilkis

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 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. 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: August 13, 2012

Plaintiff Asks for an Increase in Support

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. 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, the plaintiff was actually still a New York state resident at that time. A New York Family Lawyer said he 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: August 12, 2012

Court Lacks Jurisdiction in Custody Case

by Stephen Bilkis

Child custody disputes are always difficult for everyone involved. They become even more difficult when a traumatic incident occurs that changes all of the rules. Whenever a couple divorces, the custody of the children becomes of paramount concern. If one parent gets primary custody and lives a great distance away, it can pose a hardship on the other parent to maintain a meaningful relationship with the children. It is always the goal of the New York Family Court to take action that is in the best interests of the children. A New York Family Lawyer said toward this goal, the New York Family Court seeks to instill in the primary custodial parent that it is essential that the children are not used as leverage against the non-custodial parent. The children will benefit from continuing a positive relationship with both of their parents. Sometimes, this problem is enhanced by traumatic circumstances that have a strong emotional impact on the parents and the children who are involved.

One such case began when a couple were married in 1980 in Florida. By 1986 they had determined that they could not live together and were divorced. They had three children at the time of the divorce. Full custody was awarded to the mother in Florida. In 1988, a man who knew the mother only by acquaintance broke in to her home and kidnapped the two daughters. He raped and tortured the little girls. A New York Custody Lawyer said one of the girls died as a result of the attack. The other one was seriously injured.

Following this incident, the father filed a motion with the Florida Court to change the primary physical custody of the children to him. The petition was granted and the children moved with their father to Rochester, New York. The father had promised the court under order of the court that he would continue to take the surviving child to counseling to help her deal with the trauma associated with the rape and death of her sister. The mother was granted liberal contact and access to the children.

Published on: August 11, 2012

Custody Battles are Damaging to Children

by Stephen Bilkis

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 involved in each case. In one Suffolk County case, the parents’ divorce was finalized in the Nassau County Family Court in 2002. Following that action, the mother was granted primary custody of the child of the union. She relocated to Suffolk County.

Since the time that the divorce was finalized and the mother moved to Suffolk County, the Suffolk County Family Court has handled at least one motion to adjust the visitation schedule that the couple had in place to manage the visitation of the child. In 2008, the father of the child made a motion to the Nassau County Family Court to change primary custody over to him. The mother filed a cross-motion to deny the father’s motion and to have all jurisdiction over future motions transferred to the Suffolk County Family Court. The mother maintains that the father has moved to Suffolk County in the years since the divorce was finalized. A Nassau County Family Lawyer said that means that at the time of this particular motion, the mother, father, and the child are all living in Suffolk County and no one is living in Nassau County.

The Supreme Court reviewed the motions and determined that the proper venue of any motions in this case would be the Suffolk County Family Court. They contend that since all concerned parties are living in Suffolk County, it only makes sense that the court system to handle their case should also be Suffolk County. The court also appointed a Law Guardian for the child.

Published on: August 10, 2012

Parent Requests to Take Child Out of State

by Stephen Bilkis

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 required to create a visitation schedule and the courts ensure that the parents remain in compliance with the orders of the court. However, life is rarely a stagnant existence. Changes occur in every person’s life that can affect the application of a visitation schedule.

One of the most common changes to affect a parent’s life involves having to move to another state. Whether a person has to relocate for business, or personal reasons, if that person is divorced with children, the visitation schedule will have to be reviewed by the court. In fact, if the parent who is moving to another state is the primary custodial parent, it can even affect the move. A primary custodial parent must apply to the state of New York family court for permission to move with the child. The courts of New York strive to ensure that the best interests of the child or children is the most important issue that must be addressed.

When the non-custodial parent objects to the move, things can get even more complex. In one case that was heard before the New York State Supreme Court of Nassau County on October 26, 1998, a mother was transferred to a different state and applied to the court for permission to take her child with her. A New York Custody Lawyer said her ex-husband objected and countered the motion with one of his own. His motion was to have primary custody of the child transferred to him and a new visitation arrangement drawn up so that the mother could have limited visitation. On January 29, 1998, the mother’s request to move with the child to the state of Florida was denied. The mother had to fight for ten months to have her case heard on appeal. Ten months is a very long time when your job and your ability to keep your child is at stake. Finally in October, the Supreme Court of Nassau County prepared to hear her appeal of the trial court’s decision to deny her request to move with the child to Florida.

Published on: August 9, 2012

Court Strives to Maintain Child’s Relationships with Both Parents

by Stephen Bilkis

Whenever a couple faces a divorce, they must also face custody decisions that involve the children of the marriage. The love that a parent has for their child is the greatest love that exists on this planet. To require that the time that they spend with that child be split with another person is heart wrenching.A New York Family Lawyer said this is especially true if the child is very small. It is not natural for a parent to spend time away from their child. Emotions run high and people who at one time loved one another enough to create a child, become mortal enemies in the quest to have all of the time that they can get with that child. Child custody disputes change people forever.

The court system of New York recognizes this problem. They strive to ensure that the welfare and security of the child is the most important consideration. The court appoints an attorney for the child or children that serves as a buffer for the children and the court. This attorney listens to the child and addresses his or her concerns during the custody hearing. It is the objective of the court to ensure that the children are considered. If the parent that the child is spending most of the time with is not given primary custody, it can have devastating effects on the psyche of the child. A New York Criminal Lawyer said that toward this goal, the court strives to create an environment where the child’s life and lifestyle is altered as little as possible by the decision of their parents to obtain a divorce.

The court system also strives to ensure that the child is encouraged to maintain a nurturing relationship with the non-custodial parent as well. Studies in recent years have demonstrated that children who are not allowed to foster a nurturing relationship with both parents whether divorced or not, do not have the benefits that are afforded to other children. When one parent is so bitter toward the other parent that they wage war on them through the children, the courts of New York will step in to remove custody from that parent. In the courts of New York, the custodial parent is entrusted with the difficult task of acting like an adult when it comes to handling the relationships of the child and the other parent. It is a sorry affair when a parent attempts to turn the child against the other parent in a divorce. A Long Island Family Lawyer divorce is an action that is taken by the parents usually based only on the relationship that the parents have with each other.

Published on: August 8, 2012

Mother Requests to Move Out of State

by Stephen Bilkis

Child custody disputes are always difficult for everyone involved. They become even more difficult when a traumatic incident occurs that changes all of the rules. A New York Family Lawyer said that whenever a couple divorces, the custody of the children becomes of paramount concern. If one parent gets primary custody and lives a great distance away, it can pose a hardship on the other parent to maintain a meaningful relationship with the children. It is always the goal of the New York Family Court to take action that is in the best interests of the children. Toward this goal, the New York Family Court seeks to instill in the primary custodial parent that it is essential that the children are not used as leverage against the non-custodial parent. The children will benefit from continuing a positive relationship with both of their parents. Sometimes, this problem is enhanced by traumatic circumstances that have a strong emotional impact on the parents and the children who are involved.

One such case began when a couple were married in 1980 in Florida. By 1986 they had determined that they could not live together and were divorced. They had three children at the time of the divorce. Full custody was awarded to the mother in Florida. In 1988, a man who knew the mother only by acquaintance broke in to her home and kidnapped the two daughters. He raped and tortured the little girls. One of the girls died as a result of the attack. The other one was seriously injured.

Following this incident, the father filed a motion with the Florida Court to change the primary physical custody of the children to him. A Nassau County Family Lawyer said the petition was granted and the children moved with their father to Rochester, New York. The father had promised the court under order of the court that he would continue to take the surviving child to counseling to help her deal with the trauma associated with the rape and death of her sister. The mother was granted liberal contact and access to the children.

Published on: August 7, 2012

For Custody, Court Looks at Welfare of Children First

by Stephen Bilkis

Jurisdiction is an important issue in child custody hearings. Often the parents of the child live in different court jurisdictions, or even different states. The courts must work with the parents to determine which court system will have jurisdiction over the matters that are involved in each case. In one Suffolk County case, the parents’ divorce was finalized in the Nassau County Family Court in 2002. A New York Family Lawyer said the following that action, the mother was granted primary custody of the child of the union. She relocated to Suffolk County.

Since the time that the divorce was finalized and the mother moved to Suffolk County, the Suffolk County Family Court has handled at least one motion to adjust the visitation schedule that the couple had in place to manage the visitation of the child. In 2008, the father of the child made a motion to the Nassau County Family Court to change primary custody over to him. The mother filed a cross-motion to deny the father’s motion and to have all jurisdiction over future motions transferred to the Suffolk County Family Court. A New York Custody Lawyer said the mother maintains that the father has moved to Suffolk County in the years since the divorce was finalized. That means that at the time of this particular motion, the mother, father, and the child are all living in Suffolk County and no one is living in Nassau County.

The Supreme Court reviewed the motions and determined that the proper venue of any motions in this case would be the Suffolk County Family Court. They contend that since all concerned parties are living in Suffolk County, it only makes sense that the court system to handle their case should also be Suffolk County. The court also appointed a Law Guardian for the child.

Published on: August 6, 2012

Noncustodial Parent Objects to Relocation of Children

by Stephen Bilkis

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 required to create a visitation schedule and the courts ensure that the parents remain in compliance with the orders of the court. However, life is rarely a stagnant existence. Changes occur in every person’s life that can affect the application of a visitation schedule.

One of the most common changes to affect a parent’s life involves having to move to another state. Whether a person has to relocate for business, or personal reasons, if that person is divorced with children, the visitation schedule will have to be reviewed by the court. In fact, if the parent who is moving to another state is the primary custodial parent, it can even affect the move. A primary custodial parent must apply to the state of New York family court for permission to move with the child. The courts of New York strive to ensure that the best interests of the child or children is the most important issue that must be addressed.

When the non-custodial parent objects to the move, things can get even more complex. A Nassau County Family Lawyer said on one case that was heard before the New York State Supreme Court of Nassau County on October 26, 1998, a mother was transferred to a different state and applied to the court for permission to take her child with her. Her ex-husband objected and countered the motion with one of his own. His motion was to have primary custody of the child transferred to him and a new visitation arrangement drawn up so that the mother could have limited visitation. On January 29, 1998, the mother’s request to move with the child to the state of Florida was denied. The mother had to fight for ten months to have her case heard on appeal. Ten months is a very long time when your job and your ability to keep your child is at stake. Finally in October, the Supreme Court of Nassau County prepared to hear her appeal of the trial court’s decision to deny her request to move with the child to Florida.