It is very common for children today to be raised by one parent. A quarter of children under the age of 18 are raised without a father, and 40 percent of children are born to mothers who at the time are single. This means that child support can be an essential part of...
Month: April 2016
No More “Uncle Daddy”. Father’s Rights Are Now Correctly Embraced At The New York Courthouse.
To a great and gratifying extent, Father's Rights have been embraced in New York City divorce. Officially, there has never been any preferential right to custody in either parent. Nowadays, when properly represented by competent New York child custody...
Fathers still facing stereotypes in custody battles
Some fathers in New York who are going through a divorce may find that the stereotype that divorced fathers are lazy or even abusive still exists. Fathers might seek joint physical custody and find that courts still favor mothers, and mothers, concerned about losing...
Frye Objection Overruled In Child Custody Case. Appellate Division Affirms Trial Court’s Rejection Of Two Eschbach Factors: Primary Care Giver And Keeping Siblings Together.
New York divorce lawyers should be aware of the child custody decision in the case Douglas H., v. C. Louise H., which was decided by the Appellate Division First Department on April 13, 2016. Both an overruled objection to the trial...
Amount Of Permanent Spousal Maintenance To Be Doubled Unless Husband Provides Religious Divorce Within Sixty Days. Constitutionally Permissable Intrusion On Religious Freedom Or Sui Generis S-O-B Rule ?
New York divorce lawyers should take heed of Mizrahi-Srour v. Srour, decided by the Appellate Division, Second Department on April 13, 2016. It was an appeal after trial. The wife granted sole custody of the parties' children, spousal maintenance of $100...
Parental Access Schedules Are Not Fixed In Stone
In arriving at a parental access schedule the concept begins with the goal of protecting and nurturing the children. The schedule should be fair to both parents and healthy for the child, who is not getting a divorce. As the adage goes: future...
Man ordered to pay child support for baby that is not his
New York couples who share a child but are no longer together will often face the reality of one of the parents having to pay child support. Some of these situations can be more complicated than others with unique issues coming to the forefront. Such is the case with...
Child Support Obligations And Contract Interpretation
In Fleming v. Fleming, decided by the Appellate Division, Second Department on March 30, 2016, the parent's written settlement document stipulated that the father would pay child support until the children reach the age of 21, or the completion of "four (4)...