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 […]
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 […]
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 […]
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 […]
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 […]