General Blog

There are many factors that the Courts look at when determining a child custody decision. All of the factors fall under the predominant factor, which is the best interest of the children and what will promote the children’s happiness and welfare. However, the Court analyzes various sub-factors including, but not limited to: Which parent was traditionally the primary caregiver to the children The availability of each parent to spend time and care for the children The willingness of each parent to co-parent and share information with the other parent The willingness of each parent to foster the children’s relationship with the other parent The ability of each parent to provide for the intellectual and emotional needs of the children The nature and quality of each parent’s home environment These are some of the main factors that a Court looks at when making a custody determination…Read More

In a divorce action, a Court may direct either spouse to pay counsel fees and expert fees directly to the attorney of the other spouse. In addition, in any application to enforce, annul, or modify orders such as orders for maintenance, child support, custody, and visitation, a Court may do the same. In all of these instances, the Court is allowed to use its discretion to award such fees when justice requires and after taking into account the circumstances of the case and the parties, including the conduct of the parties. Recently, in October of 2010, the legislature amended the law and included a mandate that creates a rebuttable presumption that counsel fees will be awarded to the “less monied” spouse. Generally speaking, the Court considers the spouse with the greater income, earning power, and assets as the monied spouse. Prior to the amendment, the…Read More

If you are interested in changing a custody Order, you should first know and understand the details of the current Court order concerning custody. You should read the Order and determine whether you have joint or sole custody – for both legal custody and physical custody. You should also ascertain whether the custody order was determined by a Court following a custody hearing (a trial) or whether you and the other parent agreed on the custody arrangement. Custody agreements are either part of a written contract signed by both parties before a notary, or the terms of the agreement are put on the record before a Judge and the transcript of the proceeding embodies the agreement. Courts generally afford less weight to an agreed-upon custody arrangement as opposed to one ordered by a Court. Great deference is given to a Court that made a previous…Read More

A flood of engagements have taken place since June 24, 2011. The occasion is the legalization of same sex marriage in New York. Many same sex couples who have been in committed relationships for years but who have been awaiting New York’s legalization of gay marriage have finally taken a leap of faith, become engaged, and are planning their weddings. Although New York previously recognized same sex marriages that were legally performed in other states and New York Courts even granted divorces to same sex couples who were legally married in other states, same sex marriage was prohibited in New York until June 24, 2011 when the Marriage Equality Act passed the State Senate by a vote of 33-29. Same sex marriage was legalized by the New York State Legislature and Governor Cuomo. And as of July 24, 2011, same sex couples can be married…Read More

A recent case demonstrates that your activities on Facebook, Twitter, and other social media websites can have a substantial impact on your divorce or family law matter. Richmond County Supreme Court Justice, Catherine DiDomenico, held that an ex-wife’s previous temporary spousal support award of $850 a month was to be reduced to $400 a month. The Court’s original award of $850 a month for support was based on the Court’s finding that the ex-wife was unable to work due to injuries she suffered in a car accident. However, her ex-husband went back to the Court with pictures of his ex-wife belly dancing, as well as posts stating that she had been dancing every day for years. Although the ex-wife contested the pictures by stating that she wasn’t the one belly dancing and was merely standing by her friend, the Court did not buy her story.…Read More