NY Daily Record Since 1908

As all family law practitioners know, custody disputes tend to be some of the most rancorous proceedings in which we are involved. Interstate custody matters are complicated as we deal with jurisdiction and choice of law issues. International custody disputes ...

In decisions filed June 5, the Appellate Division, Fourth Department addressed several rules regarding procedure and statutory calculations in family law matters. Although long-time family law practitioners may feel we know the rules by heart, it never hurts to refresh ...

It is rare when matrimonial attorneys are able to cite a U.S. Supreme Court case. As the Supreme Court itself has held, issues involving marriage commonly fall within the province of state law. The court recently issued a ruling on ...

On April 16, Gov. David A. Paterson introduced a bill into the state Legislature to legalize same-sex marriage. At this time it is uncertain whether the bill will pass, as it is the same legislation previously introduced by former Gov. ...

In recent months, there has been a buzz going around matrimonial practice. The New York State Court of Appeals has taken a stand — perhaps more accurately, taken a non-stand — on a word that commonly appears in separation agreements. ...

Effective Jan. 23, in supreme court matrimonial matters and family court matters involving custody, courts now must review New York’s computerized registry of Orders of Protection and Warrants of Arrest, along with related decisions in child protective proceedings, before issuing ...

As is common, a number of family law cases made their way to the New York Appellate Division in the past year: Custody Three parties sought custody of a young child — each of the child’s parents and the paternal ...

The role of the attorney for the child — previously known as the law guardian — is set by the courts. In October 2007, Chief Judge Judith S. Kaye issued an administrative order detailing the function of the role. Recently, ...

The year has seen a number of appellate level cases involving specifics of child support. Some involve fine tuning the specifics, while others reiterate long held reasoning. I want to focus on three recent decisions handed down by the Appellate ...

There have been a number of New York family law cases that bear noting this year. In February, the New York State Court of Appeals resolved a child support issue that has been lingering for some time: If child support ...

Practitioners should take note of two recent New York State Court of Appeals cases. In April, the Court of Appeals ruled on the issue of family court jurisdiction in Johna M.S. v. Russell E.S. 10 N.Y.3d 364. The parties were ...

The 2008 session of the New York State Legislature that recently ended included a number of changes applicable to family law practice. Domestic Relations Law In 2007, DRL Sect. 250 was added, which institutes a three-year statute of limitations on ...