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Despite Allegations of Domestic Violence Against Him, Sole Custody Awarded to Father

November 6, 2019
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...
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Father Can’t Deny Paternity When Suing For Visitation

October 31, 2019
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...
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Failure to Stay Away From Abusive Father Causes a Neglect Finding Against Mother

October 2, 2019
In Jayce J. vs. Jaquana J., NYLJ August 16, 2019, Hon. Michael R. Milsap of the Bronx Family Court made a finding of neglect against the respondent-mother due to her failure to protect her children from witnessing acts of domestic violence perpetrated against her by her husband. The respondent arranged contact between herself, her...
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Tax Reform’s Effect on Spousal Support

January 4, 2018
The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22, 2017, includes a change that will have a big effect on divorcing parties in the coming year. Beginning on January 1, 2019, spousal support also known as maintenance or alimony, will no longer be deductible for tax...
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No Eviction of Spouse While Divorce Action is Pending

December 18, 2017
On September 28, 2017, the Landord Tenant Part of the District Court, Nassau County, issued a decision staying a holdover action pending the resolution of a related divorce currently pending before the Supreme Court, because the property in question was potentially marital property subject to equitable distribution. Nabeela Bashir, the respondent in the holdover...
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Same-Sex Parenting Rights Expanded

December 14, 2017
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...
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Refusal to Host Same-Sex Marriage Ceremony

March 20, 2016
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,...
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Strategy

June 24, 2015
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...
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