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In S.B. v. B.B., N.Y.L.J., November 22, 2019 (Sup.Ct. Nassau Cty, November 6, 2019) the Nassau County Supreme Court determined a postnuptial agreement was invalid due to being unconscionable and unreasonable. The parties married in 2004 and in 2008 the wife signed a postnuptial agreement prepared by her husband’s attorney. The husband did not...

In Matter of Emanuel J. v Zielka K., 2019 N.Y. Misc. LEXIS 5624, 2019 NY Slip Op 51667(U), 65 Misc. 3d 1217(A), 2019 WL 5408460, the parties were granted joint custody, with the mother having primary residential custody and the father having visitation. In 2017, the father filed a petition to modify and enforce...

Although New York’s courts are not eager to strip custody rights from a parent, they have an obligation to ensure the safety and well-being of children. If you and your co-parent have a set custody arrangement you are likely already aware of the behaviors that will result in loss of custody. While some of...

Divorce is a complicated process that can seep into every aspect of your life. Even when a split between two people is amicable, complexities may arise that are just too difficult to handle on your own. When taking into consideration any shared property and assets, and especially your children, it is prudent to seek...

Unfortunately, relationships do not always work out. When a couple decides to end their relationship, complications may arise – especially when there are children involved. However, whether a child’s parents get along or not, both parents are expected to support the child in New York. In this article, we will review what happens when...

The court decides matters of custody based on what will be in the child’s best interest. In Jarvis v. Lashley, 169 AD3d 1043 [2d Dept 2019], two unmarried people had a child. The relationship ended and the mother moved out of state with the child for three months. The mother then left the state...

In our digital age we turn to social media and other digital technologies to solve a wide variety of problems, including serving divorce papers. As far-fetched as that might sound, judges are increasingly giving permission to serve divorce papers via Facebook in cases where one’s spouse is proving difficult to find. Let’s review when...

This October, a dismissal of a case in Kings County was found to be an error of law. In the case of B.S v. S.A., 65 Misc. 3d 1213(A) (Fam. Ct. Kings Co. 2019), a mother, who was religiously but not civilly married to the alleged father, was told her petition for child support...