Until recently, when the word “fiancé” was used in Family Court it was a title and it had great meaning. It was far different than a girlfriend or a boyfriend, it was someone who was, for the most part, stable and going to move towards marriage with one of the parties. The fiancé’s testimony was used in custody cases, criminal…
It is understandable for there to be tension or bad blood between you and an ex-spouse, particularly when they bring a new romantic partner into the picture. If you do not like that new partner, you might wonder if you have any recourse to keep them away from your children while they are visiting your ex. In most cases, however,…
One of the issues at stake in your divorce could be the theft of one spouse’s possessions by the other spouse during the course of the marriage. It is common for a spouse to consider the item to be his or her own property, and the other spouse to disagree, resulting in claims of theft during the divorce process. Whether…
If you are a noncustodial parent who has regularly scheduled visitation with your child, you might be wondering what rules exist for overnight visitations. One common question people have is whether or not they are required to have a separate bedroom specifically for their child during these visitations, if overnight stays are to be allowed. Is there any legal position…
There are a variety of factors courts will look at when determining which spouse in a divorce will have primary physical custody of the couple’s children. Courts want to create an arrangement that’s in the best interests of the children—that means placing them in a home with parents who are capable of fulfilling all their needs and being loving, competent…
Family Court in New York handles petitions to modify custody, visitation and child support orders established during divorce proceedings in the state Supreme Court. In addition, unmarried parents go to Family Court when seeking to establish support obligations and custody rights. Though you have the right to initiate and proceed through a case in Family Court without an attorney, doing…
It is not uncommon during divorce cases for a spouse to seek an order of protection against the other spouse if there has been any physical abuse during the course of the relationship. But what happens if the spouse who is the subject of that order of protection is a police officer? How protective orders affect officers Police officers are…
Studies show that fewer than 10 percent of divorcing couples seek counseling or therapy before they move forward with the divorce. However, more than 90 percent of couples who attend therapy sessions when dealing with marital problems report the counseling to have been helpful. Here are just a few of the ways you can expect counseling before a divorce to…
One common question we receive at our law offices is whether or not the state of New York recognizes common law marriages. The short answer here is no, but let’s take a closer look at what a common law marriage is and what state law says about it. What is common law marriage? In the states that recognize common law…
All parents have a responsibility to financially support their children, providing for food, housing, medical assistance, education and other needs. A failure by one parent to pay court-ordered child support could result in serious penalties, including criminal charges and sentences. Here’s a quick overview of some of the penalties that exist for failure to pay child support: Federal offenses There…