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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Uncontested Same-Sex Divorce in New York Easier Than in Other States
Across the country, same-sex couples have been winning victories when it comes to the right to enjoy some or all the benefits that a heterosexual couple would - including the right to marry, adopt and raise children, receive tax breaks and share health insurance.
Varying state-level actions have resulted in a legal patchwork of laws...
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In re Alfredo J.T. v. Jodi D. – Brooklyn Child Custody Claim Damaged by Disparaging Other Parent
It's no secret that divorcing couples aren't generally fond of one another. There is a reason they are splitting, after all.
However, there is good reason to keep those statements to yourself - especially where your children and social media are concerned. No matter how true and justified your complaints, voicing them to children can...
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How to Win your Child Support Case in Family Court, Part 2
In Part one of this series I discussed the Initial de novo child support filing in New York Family Court. In this proceeding you are asking the Family...