Firm Blog – Frederic Foster Law

Foster Law Blog

September 20, 2019

Non-Parent Custody is Possible in Extraordinary Circumstances

Although a natural parent has a built-in advantage, a non-parent may seek custody if extraordinary circumstances exist. Courts have held that examples of behaviors that may, in the aggregate, rise to the level of extraordinary circumstances include allowing the children to live in squalor, failing to address serious substance abuse or mental health issues, instability […]

March 1, 2018

Custodial Parent Relocation

“When reviewing a custodial parent’s request to relocate, the court’s primary focus must be on the best interests of the child” (Matter of Giraldo v Gomez, 49 AD3d 645, 645 [2008]; see Matter of Tropea v Tropea, 87 NY2d 727, 739 [1996]; Matter of Hirtz v Hirtz, 108 AD3d 712, 713 [2013]; Matter of Hamed […]

March 1, 2018

Prenuptial Agreement Set Aside

In a recent case decided by the Suffolk County Supreme County on December 5, 2016, our firm successfully represented the Plaintiff in an action to set aside a prenuptial agreement. A prenuptial agreement is a contract, and under New York law there is a presumption of validity. Parties are generally free to enter into private […]

March 1, 2018

No Fault Divorce

Since New York State now has no fault divorce, does that mean that no matter what one spouse may have done to the other spouse, it will not be considered by the Court in the context of a divorce? The answer to that is no, it may be considered. The general rule is “garden variety […]

March 1, 2018

Marijuana Use and Custody

In the context of a custody case, is marijuana use by a parent considered to be a major factor, since it has been legalized in a number of states? The answer is yes, but to varying degrees. Marijuana possession is still illegal in the State of New York, though possession of very small amounts has […]

March 1, 2018

Invalid Provisions In a Premarital Agreement

Premarital agreements ( prenup ) are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a […]

March 1, 2018

How to Protect Gifts and Inheritances

With the overall divorce rate in New York State being approximately 50%, it is certainly reasonable to consider how to “protect” gifts or inheritances to married children. With that thought in mind, some basis concepts will be explained here. In the event of a divorce, marital property is distributed in an equitable, or fair fashion, […]

March 1, 2018

How Does Shared Custody Impact Child Support

The purpose of this discussion is to explain how the courts look at shared custody and payment of child support. Initially, we are going to define shared custody as a child or children spending equal time with each parent. That is to be contrasted with the legal term of joint custody, which refers to joint […]

March 1, 2018

Grandparent Visitation – Establishing Standing

As discussed in a prior entry, natural grandparents of a child are not entitled to automatic “standing” to commence a proceeding seeking a formal schedule of visitation. Instead, grandparents must demonstrate to the satisfaction of the Court that they have the right to pursue such a schedule of parenting time by alleging that either or […]

March 1, 2018

Establishment of a Guardianship

A guardianship is a legal right given to an individual to be responsible for the care, housing and basic necessities of another individual, commonly referred to as the ward, who is deemed incapable or unable to care for themselves. Each state has different procedures for establishing a guardianship. If no financial or health power of […]