How Treglia v Varano And Evelyn EE., v. Jody CC Effect Custody Laws
The legal principle of extraordinary circumstances is invoked to override a parent’s presumed preference in raising their child over a nonparent. In a recent case (Matter of Evelyn EE., v. Jody CC.), the Appellate Division upheld Family Court’s decision, granting custody to the niece and friend due to prior determinations of extraordinary circumstances. The mother’s […]
NY Divorce Laws: New York’s Marriage Equality Law (MEL)
The New York Appellate Division, 2nd Department, based in Brooklyn, issued a ruling on November 15, asserting that New York’s Marriage Equality Law (MEL) should retroactively apply to a lesbian couple’s 2005 religious marriage ceremony. This decision influences the classification of assets acquired between the ceremony and the law’s effective date, July 24, 2011, as […]
2024 Child Custody Law News From FCA § 1015 To McDowell v Marshall
FCA § 1015 Family Court rules FCA § 1015-a permits instructing social services to take kids in temporary custody to supervised visits pre-final disposition. In the case of D.G., G.C., G.L., I.C., I.L., K.C., L.C., M.C., S.C., Family Court noted authority under Family Ct Act §§ 255, 1015-a and 18 NYCRR §§ 427.3(c)(1); 441.15 to […]
Child Custody Laws From Herman v Herman & Autumn B. v. Jasmine A.
The term “expenses” typically refers to costs that are truly expended. In the legal case Herman v Herman (2023), a divorce judgment included a settlement stipulation that wasn’t merged into the judgment. The plaintiff sought child support add-on expenses totaling $31,128, which the Supreme Court partly granted. However, the Appellate Division overturned this decision, stating […]
Influential Child Custody Cases: O’Keeffe v O’Keeffe / Baez-Delgadillo v Moya
O’Keeffe v O’Keeffe In the case of O’Keeffe v O’Keeffe, the court found that the father intentionally didn’t follow the child support order. As a result, the Family Court decided to put him in jail for 90 days unless he paid $15,000. The father appealed, arguing that there were less severe options available and that […]
LeBoeuf vs Greene: NY Divorce Law 102
In the case of LeBoeuf v Greene, a dispute arose regarding the allocation of counsel fees due to discrepancies in the court proceedings. The mother initially sought legal recourse without specifically referencing 22 NYCRR 130–1.1 in her application, leading to a lack of proper notice for the accused father regarding the alleged frivolous conduct. Consequently, […]
Same-Sex Marriage and Legal Parentage Case
Case: Same-Sex Marriage and Legal Parentage Background: • Same-Sex Marriage: This case involved a same-sex marriage and a child conceived through in vitro fertilization (IVF). • Legal Parentage Request: The non-biologically related spouse in the marriage sought legal recognition as a parent. This request was filed before the child was born, in the form of […]
Elon Musk Needs To Deal With Child Custody Divorce Law Claim
How do you go about suing the wealthiest individual on the planet? To initiate legal proceedings, the first step is to establish a means of reaching them. Grimes recently enlisted the services of four process servers in the prior month with the aim of tracking down Elon Musk at a multitude of locations to serve […]
“No Fault” Divorces: What, Why & Who?
In 2010, New York introduced a “no-fault” ground for divorce, referred to as DRL Section 170.7. This addition allowed one spouse to request a divorce by swearing under oath that the marriage had irretrievably broken down for at least six months. It’s important to note that the terms “uncontested” and “no-fault” are often used interchangeably, […]
Game Changing Divorce Law Cases Nationwide
In this article we will get down and dirty and dive into the most influential divorce cases that are effecting family law cases nationwide. O’Keeffe vs O’Keeffe In the case of O’Keeffe v O’Keeffe, the court found that the father intentionally didn’t follow the child support order. As a result, the Family Court decided to […]
