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Author Archives: Sara Stout Ashcraft

A Look At The Indian Child Welfare Act

Although family law practitioners are often involved with child custody and related issues, many of us are essentially unaware of a law, ignorance of which could result in serious consequences. This law is the Indian Child Welfare Act of 1978 ...

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Some New York Appellate Cases Of Interest

What follows are synopses of some interesting recent New York Appellate Court decisions on certain issues of matrimonial and family law. Adoption/Parental Rights Matter of Carolyn B., 6 AD3d 67 (Fourth Dept. 2004). The court held that two unmarried adults ...

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Recent Fourth Department Decisions Of Note

In two decisions filed April 29, the Appellate Division, Fourth Department addressed issues that effect how family law practitioners handle certain cases. u&#160’Guinta v. Doxtator,’ CAF 04-01096 This appeal was taken from an order issued by the Onondaga County Family ...

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Same-Sex Marriage: 'Hernandez v. Robles'

Recently, a decision issued by a New York Supreme Court gained nation media attention. In Hernandez v. Robles, Judge Doris Ling-Cohen of the New York County Supreme Court held that New York Domestic Relations Law violates the State Constitution and ...

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Jurisdiction Under UCCJEA And UIFSA

Two interstate compacts control jurisdiction and procedure in custody and support cases in which the parties and children reside in different states. These compacts are the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA), codified at Domestic Relations Law Article ...

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Awarding Child Custody To A Nonparent

With Bennett v. Jeffreys in 1976, the New York Court of Appeals established that: “[N]either decisional rule nor statute can displace a fit parent because someone else could do a ‘better job’ of raising the child …, so long as ...

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Rule changes affecting family law practice

Several changes in the New York Court Rules and Regulations impact day-to-day practice for family law attorneys. These changes include retainer letter requirements, the Statement of Client Rights, and attorney-client fee dispute resolution.Retainer LettersPart 1400 of the New York Court ...

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