Category Archives: Family
The Principle of Comity in New York State Marriages
In New York family law, questions concerning marriage recognition often arise when couples relocate to New York after marrying elsewhere. The landmark Court of Appeals decision in Godfrey v. Spano reaffirmed New York’s long-standing commitment to comity—the principle that the state generally recognizes the validity of marriages that took place in other states or… Read More »
How the New York Courts Decide Custody and Relocation Cases
Divorced or separated parents who want to move with a child must petition the courts before they do so. The New York Court of Appeals addressed the matter in the Matter of Tropea v. Tropea. This landmark decision reshaped how our courts evaluate custody modification and relocation requests. In this article, the Westchester County,… Read More »
New York Case Discusses Relocating with a Child
One of the most hotly contested issues is when a New York parent wants to move to another state or county with a minor child. New York courts must balance parental rights against the best interests of the child. In Tropea v. Tropea, the New York Court of Appeals provided a definitive framework and… Read More »
New York Court Addresses Standards for Modifying Child Support Payments
Are you looking to modify a child support order? It may be more difficult than you think. Child support orders in New York must balance the terms of parental agreements with the evolving needs of children. One of the more important cases in New York surrounding child support payments is Brescia v. Fitts. In… Read More »
How Can I Get Sole Custody of the Children in New York State?
If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from… Read More »
Do I Need the Court’s Permission to Relocate with My Child?
If you have an existing custody order or written agreement which places restrictions on the ability to relocate, you will either need the other parent’s consent or the court’s permission to relocate with your child. Relocating without the court’s permission or in violation of court order can have both civil and criminal implications. In… Read More »
How is Property Divided in a New York Divorce?
To understand how property is divided in a New York divorce, you must first understand the concept of marital versus separate property. Under New York law, marital property includes any assets or debts that were acquired by either spouse during the marriage. It doesn’t matter whose name is on the title. This likely includes… Read More »
When Would a Parent Be Awarded Sole Custody of the Children?
Generally speaking, the State of New York wants to see two parents who are actively involved in their child’s life, regardless of whether their marriage lasted. In some cases, however, it may not be possible, feasible, or beneficial to have an unfit parent in the lives of the children. If you are seeking sole… Read More »
Understanding Your Legal Obligation Toward a Disabled Child
On October 8, 2021, the New York legislature signed into law a measure that expanded a parent’s duty to support their disabled child until the age of 26. But how is this law interpreted by the courts? One way to answer this question is by looking at a real case. On August 5, 2022,… Read More »
Can Non-Violent Abuse Be Considered Domestic Violence in New York?
According to the Centers for Disease Control (CDC), intimate partner violence (IPV) is “abuse or aggression that occurs in a romantic relationship.” It can refer to abuse suffered by spouses and children, or anyone who lives in the same home or is involved in a romantic relationship with the abuser. It refers to more… Read More »