In some circumstances, parental rights can be terminated to provide full custody to one parent or guardian. This is a common issue in cases of adoption or in cases where one of the natural parents is clearly not in the picture. As such, there are several situations in which termination can occur, and it can be either voluntary or involuntary.…
Are divorced parents required to pay educational expenses for their children? A former New York Knicks player is about to find out. In April, the ex-wife of Metta World Peace, the basketball player formerly known as Ron Artest, filed a legal action in Manhattan Family Court in support of educational expenses for their gifted 13-year-old son. In the filing, Jennifer…
A new book suggests working-class women should just say no to marriage. In late April, an article in Slate took a look at an upcoming book, Marriage Markets: How Inequality Is Remaking the American Family, authored by two professors of law. The book lays out an argument for social, economic and legal changes that make marriage less attractive to women.…
Last Wednesday, the state Appellate Division found that a father’s spanking of his son “was a reasonable use of force.” The court overruled Suffolk County Family Court’s determination that the father had abused his son “by inflicting excessive corporal punishment.” NY Family Court defines an abused child as one whose parent or other person legally responsible for their care “inflicts…
Known as the heartthrob of the 1987 vampire flick Lost Boys, actor Jason Patric wants to be known as a dad to a child named Gus. Danielle Schreiber and Jason Patric were romantically involved for over a decade. Their on-again, off-again relationship included a period where they attempted to become pregnant but did not succeed. The couple ultimately broke up…
On May 13th, the Court of Appeals of New York ruled that the Penal Law 240.30(1)(a) statute for Aggravated Harassment in the Second Degree is “unconstitutionally vague and overbroad”.1 This statute focuses on someone’s actions which have intent to harass, annoy, threaten or alarm another person. The Court looked to People v. Dietze where the Penal Law 240.25 statute for…
Many couples and families own beloved pets. The ties that bind humans to animals sometimes outlast those of human relationships. When that happens, sparks fly when one spouse decides Fido is leaving with him or her. In a recent survey, the American Association of Matrimonial Lawyers (AAML), reported more than a quarter of its members noted an uptick in divorce…
Most people understand the need to protect separate financial assets with a prenuptial agreement prior to marriage. But what about after wedding bells ring? A postnuptial agreement safeguards financial security — and sometimes the harmony of a marriage. Prenuptial agreements are reviewed and executed prior to a wedding. After the marriage, postnuptial agreements come into play. Both are types of…
As summer comes on, so do challenges for parents who share custody during the summer. Working out a parenting time plan is required for parents of minor children in New York. A parenting plan includes details on how time with children is shared when school is out. Summer parenting arrangements can be court-ordered or created between amicable parents over time.…
The largest spike in marital infidelity occurs the day immediately after Mother’s Day. This day is now being called “red light Monday” or “Mother’s Stray Day”. Monday, May 12th, 2014, the day immediately following Mothers Day this year, a shocking number of wives signed up with AshleyMadison.com; a dating website established for married individuals seeking affairs. According to psychologists and…