Why won’t the Court give me a DNA test? Equitable estoppel and best interest of a child in a paternity proceeding, by Brooklyn, New York Family Court Attorney.
Many men in Court face this scenario. They are petitioned to Court to pay child support for a child they do not know whether it’s theirs and with whom they have had very little contact with. These men contact me, a Brooklyn Family Court Attorney and ask me...
Luft v. Luft – Grandparent Visitation Rights Affirmed
The unique bond grandparents share with their grandchildren is one that courts recognize in many cases should be respected and nurtured. Of course, the courts also give tend to give parents the benefit of the doubt in deciding which relationships are in the best interest of their own children.
In cases where there are disputes...
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Adhering to Reunification Plans in Brooklyn Family Court
When a family is physically separated by state social service workers, it's emotionally wrenching for all involved. Putting the pieces back together takes time, effort - and an experienced family law attorney.
While the New York Administration for Children's Services does adhere to general guidelines regarding what steps a parent must take in order to...
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Matter of Richard A.M. v. Alejandra H. – Equitable Estoppel of Paternity Test
While the New York Family Court Act allows paternity proceedings to be initiated at any point from the time of pregnancy until the child in question is 21-years-old, there is at least one instance in which such proceedings will be halted.
That is due to equitable estoppel when such a revelation would not be in...
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Incarcerated Parents in New York May Lose Parental Rights
The Bureau of Justice Statistics reported in December 2013 there were more than 1.5 million prisoners in state and federal prisons throughout the country. In New York State, roughly 32,000 are held within the state jail system and another 56,000 are incarcerated within the state prison system. There are also 122,000 offenders on probation...
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Wallace v. Wallace – On Calculating Child Support in New York
While New York City family courts are granted a broad range of discretion with regard to determination of child support, they are guided by Section 413 of the Family Court Act. The law offers a general percentage and dollar amount for support, depending the number of children and income of paying...
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Constructive Emancipation in New York City Child Support Law
In the state of New York, parents have a legal duty to support their children until the age of 21, unless they are sooner emancipated.
This "doctrine of constructive emancipation" is derived from the Child Support Standards Acts and corresponding case law in New York.
Some of the circumstances under which children might become emancipated prior...
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Wong v. Liu – Showing Up for Court in Divorce Case Critical
In any court case - civil or criminal - it's important to show up.
In criminal court, failure to appear can result in a warrant for arrest, additional jail time and fines. In a civil case - including divorce - you likely aren't going to be jailed for skipping out, but repercussions could still be...
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Same-Sex Marriage Gets Implied Victory With High Court Declining Case
The U.S. Supreme Court declined review of a same-sex marriage case. Advocates on either side of the aisle had pressed for action, seeking a definitive ruling on whether the Constitution guarantees same-sex marriage rights.
But by declining, the court effectively opened the door for same-sex marriages in as many as 11 states. The appeals presented...
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In re Jaden E. – Missed School Could Lead to Alleged Parent Neglect, ACS Involvement
Raising children, especially teenagers, is rife with challenges. As anyone with a 15-year-old knows, there are few things you can "make" them do if they are dead-set against it.
But it's important to note as we are in the midst of a new school year that even if you can't force your child to go...
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