IN WHICH COUNTY CAN A DIVORCE CASE CAN BE STARTED
- By: admin
- In which country can a divorce case be started
- Apr 21
- Comments (0)
The parties to this divorce action primarily resided in New York County, while maintaining a seasonal second home in Suffolk County. In March 2020, when the COVID-19 pandemic first reached New York City, the defendant retreated to the Suffolk County residence along with her pregnant and immunocompromised daughter and began spending more time there in
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A PARENT MUST SHOW A SUBSTANTIAL REASON FOR A COURT TO CONSIDER A CHANGE IN CUSTODY
- By: admin
- child custody
- Apr 14
- Comments (0)
A party seeking to modify a prior order of custody must show that there has been a change in circumstances since the prior order and, then, if such a change occurred, that the best interests of the child would be served by a modification of that order. As provided in the April 2019 order, the
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IF A PARENT IS EFFECTIVELY COMPELLED TO PRACTICE A RELIGION, RATHER THAN MERELY DIRECTING THE PARENT TO PROVIDE THE CHILD WITH A RELIGIOUS UPBRINGING, THE PROVISION MUST BE STRICKEN
- By: admin
- Religious Practice by Parents
- Apr 14
- Comments (0)
In the absence of a written agreement, the custodial parent may determine the religious training of a child. Consistent with the children’s best interests, courts may properly direct noncustodial parents, during periods of parental access, to respect the children’s religious beliefs and practices and make reasonable efforts to ensure the children’s compliance with their religious
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WHEN IS IT CONTEMPT OF COURT THAT IS PUNISHABLE WITH JAIL FOR FAILURE TO PAY SUPPORT
- By: admin
- PUNISHABLE
- Apr 13
- Comments (0)
The father contends that Family Court’s finding that he willfully violated the support order lacks a sound and substantial basis in the record, particularly in light of what he characterizes as his cogent, reasonable explanation for his inability to make good on child support arrears, well-supported by documentary evidence and his reasonable (even extreme) efforts
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MENTAL ILLNESS / INTELLECTUAL DISABILITY GROUNDS FOR TERMINATION OF PARENTAL RIGHTS
- By: admin
- MENTAL ILLNESS
- Apr 3
- Comments (0)
HEY WAIT A SECOND, MY LAWYER STANK IT UP! NO THEY DIDN’T – THE LAWYER IS ENTITLED TO MAKE STRATEGIC AND TACTICAL DECISIONS An agency seeking termination of parental rights on the ground of mental illness or intellectual disability must demonstrate by clear and convincing evidence that the parent is presently and for the foreseeable
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CAN A GRANDPARENT GET CHILD CUSTODY OR VISITATION
- By: admin
- VISITATION
- Mar 31
- Comments (0)
Turning to the question of physical custody, the mother initially contends that the grandparents lacked standing to seek physical custody in their petition because they failed to satisfy their heavy burden of establishing the presence of extraordinary circumstances. A parent has a claim of custody to his or her child that is superior to all
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HOW TO SERVE DIVORCE PAPERS OUTSIDE OF THE COUNTRY
- By: admin
- divorce papers outside of the country
- Mar 31
- Comments (0)
We address the wife’s argument that Supreme Court improperly authorized substituted service of the summons and complaint by email. Pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (20 UST 361, TIAS No. 6638 [1969] (hereinafter Hague Convention), of which both the United States and Italy are signatories, requests for
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COURT DENIES A PARENT FROM MOVING AWAY WITH CHILD
- By: admin
- COURT DENIES A PARENT
- Mar 30
- Comments (0)
The mother argues that Family Court should have granted her permission to move to Florida with the child. An initial custody determination is controlled by the best interests of the child, taking into consideration, among other things, the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and
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WHEN CAN A PARENT LOSE THEIR CHILD FOR NEGLECT
- By: admin
- PARENT LOSE THEIR CHILD
- Mar 30
- Comments (0)
An application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed shall be granted unless the court finds that the return presents an imminent risk to the child’s life or health. In making its determination, the court must weigh, in the factual setting before it, whether
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EFFECT ON CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM THE OTHER PARENT
- By: admin
- PARENT ALIENATING
- Mar 29
- Comments (0)
Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child. The paramount concern when making such a determination is the best
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