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On September 27, 2017, the Family Court, Nassau County, issued a decision finding that a non-biological mother, J.C., had standing to seek custodial and visitation rights for two subject children who were the biological children of the respondent, N.P. This case, titled J.C. v. N.P., is a next step on the question of same-sex...

On January 14, 2016, the Appellate Division Third Department, affirmed a decision of the State Division of Human Rights (“SDHR”) finding a violation of the Human Rights Law due to discriminatory practices based upon sexual orientation. The case, Gifford v. McCarthy, 520410, NYLJ 1202747185791 (App. Div. 3rd), dealt with discriminatory actions of the petitioners,...

Review of your case and strategy. Clients many times walk into my office seeking relief from the court, that is just not possible given the facts of their case and the current law. Some attorneys will just tell a client what she or he wants to hear and take on any case. I do...

Paternity equates to fatherhood and must be legally established if the parents of a child are not married to one another. Being the legal parent of a child means you have a right to know your child and contribute to their future. It is also important for the children to know their parents not...

On December 16, 2014, the Appellate Division, First Department, held in Anonymous v. Anonymous, 350033/12, NYLJ 1202712899921 at *1 (App. Div., 1st, decided December 16, 2014) a counsel fee waiver provision in a prenuptial agreement might be set aside to allow an award of attorneys fees in a divorce where plaintiff was contesting the...

On December 19, 2014, the New York Law Journal published A.H. v. G.H., NYLJ 1202706161142, at *1 (Sup., KI, Decided November 24, 2014). The Supreme Court, Kings County, resolved an interesting motion and cross-motion by declining to apply the standards contained in the Child Support Standards Act (CSSA) in determining temporary child support. Instead,...

On October 30, 2014, the New York Law Journal published Braha v. Braila. 53005/2013, NYLJ 1202674775399, at *1 (Sup., KI., Decided October 14, 2014). The Court in this matter held that a prenuptial agreement could not be set aside despite contentions that the parties never intended for it to be enforced and that they...