New York Family Law Blog

Published on: January 18, 2012

Is Avoiding Refinancing a Mortgage After Divorce Possible?

by Stephen Bilkis

Going through a divorce for any reason is difficult even in the best of conditions. A New York Family Lawyer also claims that when couples have purchased property together and has both names on a mortgage that these conditions become even more problematic. Allow us to explain.

Although many divorce settlements include provisions that married couples, who have purchased a home together, must sell the home outright and the couple divide any proceeds of that sale between them after the vested interests in that mortgage have been paid. Another common scenario is that if either of the parties desire to keep position of the home that they buy the other party’s share. Either of these scenarios are normally carried out within months of the couple’s divorce.

However, there is a potential problem with one party simply buying out the other party according to a Brooklyn Custody Lawyer. That does serve to remove one of the party’s from the deed or title, but it does nothing to remove their name from the mortgage. It’s a fact that there is a little known option to avoid the additional costs and problems of refinancing that a mortgage lender may or may not allow—release of liability.

Published on: January 18, 2012

Court Examines Visitation in Light of Alleged Abuse Allegations

by Stephen Bilkis

Sometimes, people have the knowledge and means to make law work in their favor. Take for example a case that was reviewed by a New York Family Lawyer about how two parents argue about visitation rights to their minor child. Primarily, the mother is seeking review to quash overthrow the “Shelter Hearing Order” made against her which forbids all forms of communication between her and their 11-year-old daughter. This decision was given by the juvenile court, which is the special body for trial and passing of judgment to minors who are involved in crimes and other issues involving children and adolescents.

This started out when the father who was a lawyer applied to permanently make himself the custodial parent of the daughter in 2000. Then the following year, the mother and the father agreed that they would share parental responsibility for their child and no one was to be designated a primary custodial parent among them. A Guardian Ad Litem, or an advocate who is appointed by the court on behalf of the child, along with the psychologist, and the trial judge all agreed upon and adopted the settlement agreement of the parties regarding visitation rights with their minor child several weeks after the main parties agreed upon a settlement. According to a Brooklyn Visitation Lawyer, about two months later, the father started a new lawsuit to temporarily suspend the mother’s rights to visit their child on the grounds that she made up stories and reports that he was abusing their child. He filed a report based on this and had the mother arrested.

She was arrested the day before she was to spend a long summer vacation with her daughter, which was what they have previously agreed upon. As a result, the mother’s visitation rights were reduced to supervised therapeutic visits and she sought to appeal this decision. A Bronx Custody Lawyer reports that the family court granted the father’s move and ordered the visitation rights to be modified. Then, he requested the DCF to file for a petition for dependency without the presence of the Mother and where the Department of Children and Families’ lawyer confessed that the claims contained in the Father’s petition were insufficient to take it into the DCF system. The after a few days, the DCF attorney dismissed the dependency case.

Published on: January 17, 2012

An Unexpected Turn in the Dugard Kidnapping Case

by Stephen Bilkis

As people gathered into the courtroom at Placerville, CA, there was an anxious anticipation that the convicted sex offender and his wife would plead guilty to the June 1991 kidnapping of an 11-year old girl. The kidnapping that had occurred on a South Lake Tahoe street as the girl was walking to a school bus stop and would capture the attention of a nation, would not conclude so unceremoniously. Once all of the participants were in the courtroom, lawyers for both of the defendants entered pleas of not guilty for their clients. The people in the courtroom were stunned since there was widespread anticipation that a plea had been struck that would send the convicted sex offender to prison for the rest of his life.

The couple had been charged with the alleged kidnapping, rape, and imprisonment of 11-year old Jaycee Dugard, who they held captive for 18 years. At 14-years of age, the young Dugard had been forced to give birth to the accused couple’s daughter and another daughter when Dugard was 17. Sources have also told a New York Family Lawyer that it was sheer luck that authorities were able to catch the couple and reunite Dugard with her family.

The couple’s arrest is a result of an alert University of California at Berkeley campus police officers who became suspicious of the man and ran a background check on him. As a result of that check, they learned that he had a prior record for kidnapping and rape in Nevada. They would then inform the man’s parole officer who had no clue that the man had a daughter and instructed him to come into his office for a meeting. The man brought everyone with him to that meeting, including the girl that he kidnapped. The now 30-year old Jaycee Dugard was reunited with her family the following day.

Published on: January 17, 2012

Alabama Legislators Promoting Equal Parent Time

by Stephen Bilkis

Alabama legislators are considering a bill that would almost completely change the way that Alabama’s judges are able to order divorcing parents with children to divide their time with their children. If the bill in its current form passes, it would stipulate that provided both parents are fit parents, they would share equal custody and responsibility in raising their children after the parents’ divorce.

Sponsors of the bill informed a New York Family Lawyer that this seeks to address a long standing issue of one of the parents’ relegated to only a few hours of visitation with their children each month. It is in their opinion that by having both parents included in their children’s lives that the children will no longer feel like they are being pulled in two separate directions. They further add that as a part of the divorce the parents would be required to submit a parenting plan to the court that would stipulate what parts of their children’s lives they would be responsible. In case the parents would disagree, the parents would alternate years of certain responsibilities.

However, opponents contend that a “blanket fix” will not necessarily work, and that judges need the flexibility to decide what is in the child’s best interest. These opponents went on to add that the alternate year proposal could be detrimental to the children in that they may be permitted to do one thing the year when one parent makes the decision, and not be allowed to do the same thing when the other parent decides the following year. This is not the type of consistency and stability that children need.

Published on: January 16, 2012

Questions of Abuse Close Courtroom During Sheen-Mueller Custody Hearing

by Stephen Bilkis

Media were thrown out of the courtroom at a recent custody hearing involving actor Charlie Sheen and his estranged wife, Brooke Mueller. The judge cited “questions of abuse.” A New York Family Lawyer reveals that it is usual practice for a judge to close the courtroom when there are abuse allegations to hear. The origin and nature of the sensitive questions were not explained before the media was exiled.

The recent life of actor Charlie Sheen has been riddled with a mess of struggles. The latest rebuff came when his petition to take custody of his 2-year-old twin sons from his estranged wife, Brooke Mueller, was shot down in court. Each parent is seeking sole custody of the boys. The court ruled that custody is to remain as an earlier custody agreement outlines.

Sheen and Mueller, who have both struggled with sobriety, were seen in attendance at the hearing. Mueller recently returned to rehab.

Published on: January 16, 2012

Woman Runs over Husband’s Ex-Wife

by Stephen Bilkis

New York Divorce Lawyer Reports: Woman Runs over Husband’s Ex-Wife.

At a local ball park in Alabama, a woman subjected at least seventy witnesses, many of whom were young children, to the horrific scene of her running over her husband’s ex-wife and daughter – not once, but three times.

Police say the 43-year-old woman is charged with two counts of attempted murder and one count of reckless endangerment. She was released on bond. It is possible that the woman will have additional charges brought against her.

Published on: January 15, 2012

Marriage Counselor Owed $10,000

by Stephen Bilkis

A lady hired marriage counseling services in 2009 and the bills mounted up to $10,476. The fees were high because she wanted a Pennsylvania based counselor to fly to Los Angles for the counseling. Then she failed to pay any of the fees, or travel expenses. The couple has since received their divorce noted a New York Family Lawyer.

The woman is currently being sued by Creative Energy Options because she did not agree to pay them the money that she owed. The marriage counseling services were provided in 2009, but she refuses to pay.

The divorce between the couple was finalized in December 2009. But earlier in the year she is said to of hired a Pennsylvania based marriage counseling firm. She asked them to fly all the way to Los Angeles to offer counseling services. The company explained that she was made fully aware of the costs, and the fact that she would have to pay for traveling expenses.

Published on: January 15, 2012

Woman’s Wrongful Death Suit Reinstated by Appeals Court

by Stephen Bilkis

“A state appeals court reinstated a woman’s lawsuit,” a New York Family Lawyer reports. The wrongful death suit was over a man she had considered to be her husband for four years, but who was not divorced from his previous wife before their wedding day.

The Sixth District Court of Appeals in ruled that someone who “believed in good faith” that he or she was legally married is, indeed, entitled to marital rights – including the right to sue in the case of wrongful death. This ruling goes against more than 20 years of opposing rulings in the cases of “putative spouses.”

A putative spouse is one who mistakenly believes they are married. California courts have recognized the rights of such spouses for a century or more. Legislation affirmed those same rights in 1969.

Published on: November 24, 2011

Law Students try to make a difference in Child Support and Custody cases

by Stephen Bilkis

A group of students in Orange County, Florida have taken the law into their own hands, and they just might win. The students are Law Students at FAMU, studying with a prominent New York City Family Lawyer, and they have developed the bill as a forward-thinking response to child support issues in the state of Florida.

Statistically, almost 20,000 children make their way into the foster system in the state of Florida each year, most being removed from parents by the state Department of Human Resources. This volume of people creates a tangible burden on the state of Florida, one which the New York Family Lawyer and his students think that absentee parents should help to shoulder.

Essentially, the bill drafted by the students re-configures the way that forced removals are considered under the law, and applies the same rules as those that apply during custody and support hearings for custodial parents. Parents of children who have been removed from their homes would be required to pay a sort of “child support”, said the Long Island Child Support Lawyer.Opponents of the bill claim that the new system would be unethical, similar to charging “rent” to incarcerated prisoners. They also claim that placing additional financial hardship on families who could not properly care for their children in the first place can only make matters worse. The bill’s authors have claimed that the bill will contain language which allows for indigent parents, and those truly unable to pay, to apply to have the fee waived.

Published on: November 24, 2011

Divorce Numbers Rise as Economic Recession Passes

by Stephen Bilkis

The Recession of 2007-2009 presented many people worldwide with problems that most had never seen before in their lifetimes. Although the global economy continues to struggle, most would agree that the recession is easing and many are beginning to put their lives back in order. A Brooklyn Divorce Lawyer has learned that although many couples are getting their finances back on track, there are others who have decided to call it quits as a couple.

Those who have studied certain points in history, such as the Great Depression, and various recessions and depressions that have occurred since, have indicated that most couples have a tendency to stick together during times of economic hardship. However, once better times begin to emerge, there is usually an increase in the number of divorces that are filed. While there is some discussion as to the exact cause for this, many do agree that when the prospects appear better to exit a bad marriage, that many people will take that path. This often occurs more whenever financial prospects appear better than when it does not.

While the economic recession may be concluding for many, there are perhaps just as many who continue to have financial difficulties. The number of personal bankruptcies being filed remain at similar levels, and that the financial stress continues to cause many couples to have problems. Financial stress is one of the biggest reasons that couples file for divorce. Many couples continue to struggle with mortgage payments that both parties submitted to without issues during better economic times, but when the economy soured so did their credit scores and bank accounts.Not to mentioin, if children are involved, the high legal costs asscoiated with a child custody battle, equitable distribution or child support payments.