New York Family Law Blog

Published on: March 14, 2012

Elgin Man Charged With DWI, Weapons and Arson

by Stephen Bilkis

A New York Custody Lawyer says an Elgin man is facing a slew of charges after he tried to set fire to his apartment while his child was inside. The man was also found to be drunk and charged with an aggravated DWI after he was released on bond from the arson charge. The man was trying to get in to the apartment of his girlfriend, who is also the mother to their six children, and she would not let him inside. He hung around the complex for several hours and harassed other tenants.

The man stayed in the parking lot where he fell asleep in his vehicle. While he was asleep, the police showed up and noticed a butcher knife on the passenger seat. They awoke him and he instantly became belligerent towards them. He threatened that he was out to get the girl, and the police assume the reference was the girlfriend.

The man had two other charges dropped, armed violence and harassing a witness. He is still in jail, facing charges from the first and the second arrest. No bond was set since the other crimes were committed while he was out on bail for the arson. He is also facing a civil lawsuit by the insurance company. He is responsible for the damages caused by the fire he set and the legal fees to go to court over it.

Published on: March 13, 2012

What Happened to Joan Kennedy After Ted and Joan Divorced-A NY Family Attorney Will Help You Recover.

by Stephen Bilkis

Joan Kennedy was married to Senator Ted Kennedy who was the last living brother of the the Kennedy clan. Joan and Ted were married in 1958 but the marriage went south and ended in divorced in 1982. She had several well publicized bouts with addictions but has come out it well. She has been working hard in many charity areas for many years.

If you or friends or relatives are mixed up in divorce or separation proceedings, it is a necessity to obtain the advice of a New York Custody Lawyer. Issues like custody and visitation will be in contention and a well informed and experienced attorney will give you a very good likelihood of reaching a fair and reasonable answer to your family troubles. If there are children involved and there are complaints of child abuse and neglect, an order of protection may be issued by the court.

The firm of Stephen Bilkis & Associates with convenient locations thorughout the Metropolitan Area, can be of invaluable assistance to you if you find yourself a party to a case. Facing the Court without professional representation could lead to disastrous results.

Published on: March 12, 2012

Large group protests at the Capitol against immigration bills

by Stephen Bilkis

People from many areas in the state gathered on the Capitol on Tuesday to speak out about several immigration-related bills. Leaders from the Reform Immigration for Texas Alliance estimated there were 3,000 people of all ages marching on the streets to the Capitol. Hundreds of these folks stayed for a rally in hopes of visiting with legislators on the subject.

One group, according to a New York Family Lawyer, was there to talk the legislature into rejecting nearly 60 immigration bills that he said are anti-immigrant, anti-family and anti-law enforcement.

The group specifically opposes a bill that would lead to a law in Texas that allows police to question anyone who they think might be in this country illegally.

Published on: March 11, 2012

Chris Kattan Files for Separation from Wife

by Stephen Bilkis

It’s been reported that Chris Kattan of SNL is separating from his wife, Sunshine Tutt who is model.

The couple were only married for six months. They met a couple of years ago at a party and dated after that.

The moment you decide to file for separation on the road to a divorce, it is essential to have a New York Family Lawyer to represent you. Custody and visitation issues could become involved. A qualified lawyer will fight on your behalf to reach an understanding which will be palatable for you in a tough time. it is not important to worry about a protection order If child abuse and neglect are not issues.

Published on: March 6, 2012

Court Rules on Order for Protection

by Stephen Bilkis

A woman prayed for and obtained two order of protection against her ex-husband: one from the Monroe County Family Court and the other from the Rochester City Court on December 11, 1996 and February 9, 1996. The orders of protection were served on the ex-husband ordering him to refrain from making any contact whatsoever with his ex-wife.

On Christmas Day, just 14 days after the second Order of Protection was served and entered, the ex-wife received 11 phone calls at her apartment. The caller hung up and never said a word. The police traced five of those phone calls and found that they had originated from the apartment of the woman’s ex-husband.

A New York Criminal Lawyer said the woman went before the Family Court and commenced an action for contempt against her ex-husband because of those five phone calls. The Family Court found the ex-husband guilty of contempt and sentenced him to six months’ imprisonment.

Published on: March 5, 2012

Court Resolves Child Support Issue

by Stephen Bilkis

The appellant in this case was also the former wife of the defendant. The appellant has filed for a motion to order the court to review the family support case. The former husband, also known as the former husband, has filed a motion to terminate his financial support to the former wife and reduce his payments for child support.

A New York Custody Lawyer said that the family court was tasked to review the case and determine whether the rulings should stand. In order to begin reviewing the matter, the divorce settlement of the former spouses should also be submitted for review. According to the findings of the family court, the trial court’s rulings on the marital agreement were unclear or can be interpreted in many ways. The appellate court has determined that a reversal of proceedings should be in order to determine the correctness of the trial court decisions.

The former husband and the former wife have 2 children below the age of majority. The court has finalized the divorce settlement and ordered the former husband to pay support to his former wife. He was also ordered to provide financial support for the two children. According to the family law, the former wife was entitled spousal support. The amount of support will be deducted from the former husband’s income. The spousal support was to be paid to the former wife every year. The marital agreement contains the terms of payment for spousal support. The former husband must comply with this rule by family court.

Published on: March 4, 2012

Court Decides Child Support Dispute

by Stephen Bilkis

The appellant in this case has filed an appeal for final paternity judgment. The court was tasked to determine whether the trial court was mistaking in ordering retroactive child support to the child from beginning on the day he was born. The appellant has cited the statute of limitations to prevent retroactive support. A New York Family Lawyer said that the appellant also indicated in his motion that the retroactive support should not be ordered in this case since the actual financial support was given by the other parties. The appellant also contended that the mother of the child has provided evidence as to the amount of support or has made any clear specifications about the child’s needs. Upon review of the facts of the marital agreement and judgment of the trial court, the appeals court has affirmed the decisions. The court has also declared the retroactive support as rightful. The motion of the appellant was denied.

The appellant and the mother of the child had engaged in sexual relations when they were still dating. The mother of the child was only 19 when she found out that she was pregnant. The mother informed the appellant that she was pregnant and asked if would like to see his child after he pays financial support. The appellant told the mother that she would not want the appellant around the child.

When the child was born sometime later, the mother consulted a legal counsel and proceeded to contact the appellant and the father. A New York Criminl Lawyer said that the mother wanted the appellant to recognize the child as his own and pay for her maternity expenses, insurance and financial support. The mother also demanded that the father pay for her legal fees. The appellant also hired a lawyer and filed a motion denying the child was his own.

Published on: March 3, 2012

Court Rules on Domestive Violence Case

by Stephen Bilkis

A father filed two motions with respect to the termination of his parental rights. Among other things, the father argued that relevant provisions of family laws, which sets out the requirements for an unwed father to have veto rights over his child’s adoption, is constitutionally infirm because it denies him equal protection and due process based on distinctions by gender and marital status.

A New York Custody Lawyer said that according to the facts of the case, the child was born with a positive toxicology for opiates, which resulted in her remaining in the hospital for over a month due to withdrawal symptoms. When the child was released from the hospital, a government agency conducted an emergency removal, and thereafter, the child, pending the resolution of a neglect petition filed against her parents, began to reside with her current non-kinship foster parents.

Sources said that at the time the child was born, both her mother and father were using street methadone and heroin. The neglect petition alleges neglect by virtue of the parents’ substance abuse as well as the mother’s mental illness. The parents were not married. At the last permanency hearing, the court approved the goal of reunification of the child with her parents. But the court extended the child’s placement in foster care after determining that the return of the child home would be contrary to her best interest because the mother failed to make sufficient progress in her mental health and substance abuse services and the father was incarcerated.

Published on: March 2, 2012

Court Rules on Order for Protection for Abusive Husband

by Stephen Bilkis

The case involves an appeal questioning whether the Family Court, having found that a victim of domestic violence who has fled the marital home for her safety is entitled to an order of protection, should also have provided a remedy that could restore the victim to her home and exclude her abusers instead of leaving the home in the sole possession of the abusers.

A New York Criminal Lawyer said that according to the records of the case, a middle-aged deaf woman filed petitions for protection orders alleging that she had fled her home because of escalating violence and abuse by her husband and their adult son and asking that the orders provide that respondents be excluded from their common residence. She said her husband physically and verbally abused and threatened her, changed the locks on the marital home and refused to give her a key, and forced her to take drugs against her will, and that their son was verbally and physically abusive. The woman said that she fled to her daughter’s home after two incidents in which her husband, who is confined to a wheelchair, pointed a loaded gun at her and threatened to kill her while he was high on cocaine.

As to her younger adult son, the woman said he punched and slapped her when she refused his demands to cook meals or do other errands for him, made at all hours of the day and night. On numerous occasions, father and son acted together to abuse her. In one instance, they changed the locks on the home and refused to give her a key. It was only after she had left home, retained counsel, and obtained an ex parte protection order that they eventually provided her with a key.

Published on: March 1, 2012

Husband Seeks Divorce for Wife’s Smoking Habits

by Stephen Bilkis

A husband filed a petition seeking an order of protection against his spouse, based upon the sole ground that she smokes cigarettes in the presence of himself and the children, causing harm to them.

A New York Family Lawyer said that the records of the case showed that the wife commenced an Action for Divorce on the grounds of domestic violence and cruel and inhuman treatment. The husband brought on an order to show cause in which he seeks a protection order against the wife prohibiting her from smoking cigarettes in the presence of himself and their children, together with other requests. The husband is a physician and claims that his wife’s smoking is causing harmful effects upon their children. He describes his wife as a “chain smoker” who smokes at least three packages each day. He claims that she smokes all over the marital residence. The husband argued that, pursuant to relevant provisions of family laws, the court not only is empowered, but is required to step in and protect the welfare of adults or children wherever they are subjected to any form of harmful or abusive conduct.

The wife contended that she is not a “chain smoker.” However, the wife did not reveal how much she does in fact smoke, nor did she indicate whether she ever smokes in the presence of the children. A New York Custody Lawyer said that the wife said her cigarette smoking is confined to a small T.V. room on the ground floor of the marital residence. She also indicates that she does not smoke in the upstairs area of the house.