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Singh v. Singh, 36 Misc. 3d 1218 (N.Y. Sup. Ct. 2012) involved a divorce action in Queens, New York. The Plaintiff, the wife, initiated the case in 2009, seeking an absolute divorce and additional relief related to financial support, property division, and child custody. One issue that was raised was asset dissipation. Asset dissipation occurs when one spouse improperly uses or transfers marital assets in a way that depletes their value, often in anticipation of divorce or without the consent of the other spouse. This can include excessive spending, selling assets below market value, or mismanaging joint finances. In divorce cases, courts may consider evidence of dissipation when determining the equitable distribution of marital property.

Background Facts

The Plaintiff and Defendant married in 1997 and had two children. During their marriage, they lived together in a house jointly purchased by the Defendant and his father. The Defendant used both his separate savings and marital assets to contribute toward the mortgage on the marital home. Over time, the couple’s financial situation became more complicated as the Defendant and his extended family engaged in additional real estate and business investments. Both parties contributed to the household and its upkeep until they separated in 2006.

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In matters of family law, the presumption that a child born during a marriage is the biological child of the married couple has long been a central issue in paternity disputes. This presumption can be rebutted, but it requires clear and convincing evidence. In a recent case before the Queens County Supreme Court, the court examined the plaintiff’s attempt to challenge the presumption of legitimacy and request a DNA test to determine paternity.

Background Facts

The case involved a married couple, the plaintiff and the defendant, who had a child together in 2019. In 2022, three years after the child was born, the plaintiff filed a verified complaint seeking custody of the child. The complaint did not initially raise any issue regarding the child’s paternity, nor did it contain any request for a paternity test. Instead, the plaintiff acknowledged the child as being born of the marriage.

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In family law, an order of protection can serve as a legal tool to prevent harm and ensure the safety of individuals involved in domestic disputes. These disputes often arise out of family offenses, which are specific criminal acts that occur between people who share a family or household relationship. A family offense includes actions such as assault, harassment, stalking, menacing, and other harmful behaviors that place a victim at risk of physical or emotional harm. In the case of Monos v. Monos, 123 A.D.3d 931 (N.Y. App. Div. 2014), the Appellate Division considered an appeal from an order of protection issued by the Family Court in Queens County.

Background Facts

The case involved a petitioner who sought an order of protection against the appellant in Family Court. The petitioner alleged that the appellant committed several family offenses, including criminal mischief, reckless endangerment, and attempted assault. Specifically, the petitioner claimed that the appellant had threatened her with a fork during an altercation. Based on this conduct, the petitioner requested the court to issue an order of protection, directing the appellant to stay away from her for a specified period.

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In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a provision that outlines when maintenance payments can be modified or terminated. The court had to determine whether a former spouse cohabitating with another person, but not remarried, could be grounds for terminating maintenance.

Background Facts

In this case, the husband and wife were in the process of a divorce, with maintenance payments ordered at the outset due to a significant disparity in their incomes. While the divorce proceedings continued, the husband filed a motion to terminate the maintenance payments. He argued that his wife, though not remarried, had entered into a relationship with another man and had engaged in behaviors that were akin to a marriage.

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A Final Order of Visitation (FOV) in New York is a legal document issued by the court that establishes the specific rights of a non-custodial parent or other party to have visitation with a child. This order outlines the schedule, duration, and conditions under which visitation will occur, aiming to ensure that the child maintains a meaningful relationship with the non-custodial parent while considering the child’s best interests.

The FOV may include details such as the days, times, and locations for visitation, as well as provisions for holidays, vacations, and special occasions. It may also address transportation arrangements and communication between the parties during visitation periods.

Once issued, the FOV is legally binding, and both parties are expected to comply with its terms. Failure to adhere to the FOV can result in legal consequences, including enforcement actions or modifications of the visitation arrangements by the court.

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In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack of care for his deteriorating health endangered his well-being. The court had to decide whether the evidence provided was enough to grant the divorce on these grounds.

Background Facts

D.A. and B.E.A. were married on June 21, 2001, though they had lived together for several years prior to that date. At the time of the marriage, D.A. was already suffering from asbestosis. Over time, his health worsened. By 2003, he had been diagnosed with emphysema, and later that year, he underwent surgery for lung cancer, which required the removal of one of his lungs. His medical condition left him in chronic pain, requiring continuous pain management, including Percocet and, eventually, morphine.

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When parents lose custody of their children, the goal of the Administration for Children’s Services (ACS)  is always to permanently place the children in stable family environment. While reunification with bio parents is the best case scenario, adoption is also a positive outcome. Carter v. Admin. for Children’s Servs., 176 A.D.3d 696 (N.Y. App. Div. 2019) involves a custody dispute concerning a child removed from his mother’s care after her arrest. The maternal grandparents, residing in Maine, sought custody of the child, but their petition was dismissed after the mother surrendered her parental rights. The child was then placed for adoption with a foster family.

Background Facts

In January 2016, ACS removed a seven-month-old child from his mother’s care following her arrest for prostitution and child endangerment. After the removal, the child was placed in a nonkinship foster family. The mother faced a neglect proceeding in Family Court, which resulted in a finding of neglect against her. The finding was entered without her admission of neglect but with her consent.

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In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute over the validity of a separation agreement between a husband and wife. The wife sought to set aside the agreement, claiming that it was not fairly negotiated and that key financial information had been withheld by the husband.

Background Facts

The parties were married and later entered into a separation agreement on July 11, 2007. The wife later claimed that the agreement was unfair because the husband had allegedly concealed several assets during the negotiation. She stated that she did not discover these concealed assets until 2009, two years after the separation agreement had been signed.

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In hearings regarding orders of protection, if one party does not show up and does not provide an explanation, the court will typically issue a default order against that absent party. In the case of Troy Barcia in Muhammadu v. Barcia, 100 A.D.3d 904 (N.Y. App. Div. 2012), the issue before the court centered on a default final order of protection that was issued and whether there was substantive evidence to support the order.

Background Facts

On August 8, 2011, a family offense petition was filed against Troy Barcia. The petitioner alleged multiple offenses, including attempted assault, assault in the second or third degree, aggravated harassment, harassment, menacing, sexual abuse, and forcible touching. The Family Court responded to the allegations by issuing a temporary order of protection that was to remain in effect until August 15, 2011.

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This case involved three related child abuse and neglect proceedings under the Family Court Act, Article 10, in Queens County, New York. The Administration for Children’s Services (ACS) filed allegations against the parents and maternal grandmother of a child named Talia. The Family Court, after a fact-finding hearing, dismissed allegations of abuse and derivative abuse. ACS and the children appealed, arguing that the court erred in not finding abuse.

Background Facts

In April 2014, ACS began two child abuse and neglect proceedings against the mother, father, maternal grandmother, and paternal grandmother. The allegations centered on the care of the child Talia, who was four months old at the time. Talia was taken to the hospital on April 7, 2014, where doctors diagnosed her with multiple injuries, including rib fractures, fractures in both legs, and a fracture in her right arm. The injuries occurred between her birth on December 5, 2013, and April 7, 2014. ACS claimed these injuries were not accidental and were inflicted while Talia was in the care of her parents and grandmothers. ACS also argued that Jonah, Talia’s sibling, was derivatively abused.

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