Recent Posts in Family Law Category
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Posted on Aug 30, 2011 By The Law Offices of Brian D. Perskin
Any change can be stressful for a child – be it changes in living arrangements or changes in daily routine when school is back in session. Children whose parents are living apart have to deal ...
Continue reading "Back to School After a Divorce or Separation" »
Posted on Aug 27, 2011 By Law Offices of Brian D. Perskin
Today's post provides summaries for recent family law court decisions. * T.V. (Anonymous), et al., Appellants v. New York State Department of Health - a surrogate case * V.P v. C.P. - a ...
Continue reading "Recent New York Family Law Cases" »
Posted on Aug 11, 2011 By Brian Perskin
Yesterday I posted an article with 5 tips for parents who have lost custody of their children and are committed to regaining custody. This post expands by adding 5 more tips. #6 Prepare a Care Plan To ...
Continue reading "5 More Tips to Get Back Custody of Your Children" »
Posted on Aug 10, 2011 By Brian Perskin
When children are involved, expect judges to act in the best interests of the children. Here are 5 tips if you have been denied custody of your children by the legal system. #1 Talk to Your Lawyer If ...
Continue reading "5 Tips to Get Back Custody of Your Children" »
Posted on Mar 2, 2011 By New York Divorce Attorney
As if the Charlie Sheen controversies were going to simmer down, a stay-away order against the "Two and a Half Men" star removed his two sons from his home. His ex-wife obtained the court ordered ...
Continue reading "Charlie Sheen’s Children Removed by Court Order" »
Posted on Jun 15, 2010 By Brian D. Perskin
A mother who had been charged with being mentally ill (as defined in Social Services Law §384-b) has, through her counsel, argued that an expert medical report made by a physician from the opposition ...
Continue reading "Evidence is Everything in Mental Illness Case" »
Posted on Jun 11, 2010 By Brian Perskin
An unexpected twist occurred in the shared custody of two children as a Supreme Court Justice in Nassau County sentenced the mother, the Plaintiff, to spend six weekends in jail for her frequent ...
Continue reading "Mother Jailed for Interfering with Father's Visitation Rights" »
Posted on May 12, 2010 By Brian D. Perskin
SUFFOLK COUNTY Supreme Court Justice J. Bivona PLAINTIFF wife sought an order finding defendant husband in contempt of court for failing to comply with a summons. The summons contained automatic ...
Continue reading "The Perils of Evading the Accounting of Funds" »
Posted on May 12, 2010 By Brian D. Perskin
In a proceeding pursuant to Family Court Act article 6 for the appointment of the maternal aunt of the petitioner, a person under 21 years of age, as her guardian, the petitioner, Trudy-Ann W., ...
Continue reading "A Guardianship Appointment Leads to Special Immigrant Juvenile Status" »
Posted on May 10, 2010 By Brian D. Perskin
In a recent decision by the New York State Court of Appeals, the Court held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York ...
Continue reading "Narrow Reading of "Parent"" »
Posted on Apr 29, 2010 By Brian D. Perskin
Sandra Bullock has filed for divorce from her husband Jesse James, which raises an important question: What about the children? The divorce is complicated because of the issue of child custody and ...
Continue reading "Sandra Bullock and Jesse James’ Divorce Begets the Issue of Child Custody" »
Posted on Apr 2, 2010 By
In the extraordinary case below, the Family Court of New York upheld a denial of child support arrears, in a case that spanned the globe. In this case the Petitioner forced the Respondent to chase her ...
Continue reading "The Exception to the Rule" »
Posted on Feb 12, 2010 By Brian D. Perskin
In the case below Judge John Kelly of Suffolk County Family Court gives custody of three young girls to a father in a case where the children had been removed from their mothers home due to neglect ...
Continue reading "Suffolk Family Court Judge Thoughtfully Explains a Change in Custody" »
Posted on Jan 29, 2010 By Brian D. Perskin
In the below decision from the Appellate Division Third Department the court enforces a Family Court entry of Judgment that changed custody from the mother to the father. The mother appealed, and ...
Continue reading "The Third Department Affirms a Custody Change" »
Posted on Dec 11, 2009 By Brian D. Perskin
The events that have unfolded after the unfortunate incident at Tiger Woods' home at 2:30 AM on the day after Thanksgiving have been nothing short of extraordinary. There have been rumors of ...
Continue reading "Tiger Woods' Marital Woes " »
Posted on Nov 20, 2009 By Brian D. Perskin
What Happens When Parents Behave Like Children In a recent decision in Westchester Family court, the Honorable Colleen Duffy was faced with a difficult situation where two parents seemed determined to ...
Continue reading "What Happens When Parents Behave Like Children" »
Posted on Nov 7, 2007 By Brian D. Perskin
64.2.12 - - - Hale Hale v. Hale, 16 A.D.3d 231, 792 N.Y.S.2d 27 (First Dept. 2005)(2005 WL 612968)(2005 N.Y. Slip Op. 01997)(Mar 17, 2005): Supreme Court, Appellate Division, First Department, New ...
Continue reading "Anything Can Happen at Trial" »
Posted on Jul 3, 2007 By Brian D. Perskin
The question of whether or not an inheritance is subject to equitable distribution has gotten a lot of attention. Take a look at the following excerpt from Spencer v. Spencer which finds that ...
Continue reading "Is My Inheritance Safe?" »
Posted on Jul 2, 2007 By Brian Perskin
All too often, fathers or mothers come to court and say they do not earn any income. The Courts in New York have the power to impute income to the non custodial parent, if the Court believes that a ...
Continue reading "Imputing Income" »
Posted on Jul 2, 2007 By Brian Perskin
April 3, 2007 Page 1. SHAGOURY v SHAGOURY Supreme Court of the State of New York Appellate Division: Second Judicial Department D14539 C/hu AD3d Argued - February 20, 2007 STEPHEN G. CRANE, J.P. ...
Continue reading "You are entitled to a Defense" »
Posted on Jun 30, 2007 By Brian Perskin
I ran across this article The Validity of Prenuptial Agreements Joel R. Brandes New York Law Journal December 22, 1998 P ROPERTY SETTLEMENTS are encouraged as consistent with the public policy of New ...
Continue reading "How to Make a Pre Nup Valid" »
Posted on Jun 28, 2007 By Brian Perskin
If you are fighting the grounds for a divorce, make sure that your answer to the complaint contains a request for child support and maitenancen. A recent decision by a respected justice in New York ...
Continue reading "It is all in the Answer?" »
Posted on Jun 28, 2007 By Brian Perskin
Pre nupts are valid, and it is difficult to get them thrown out in Courts in New York, read the following case from the third department..... - - - Darrin Darrin v. Darrin, --- A.D.3d ---, --- ...
Continue reading "What happens if Somebody Files for Divorce?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 10 - Stay Put (until further notice) We are nearing the end of our series on practical steps to take when you are facing an imminent divorce . We have reached Step 10 - Stay ...
Continue reading "Shoud I Move out?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 11 - Keep a diary This post continues are series on practical steps to take when a divorce is imminent. We are now on Step 11: Keep a diary/calendar It is important to ...
Continue reading "What is the First thing I should Do ?" »
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