I recently took over a child custody case shortly before trial in Family Court of an out of wedlock child and no acknowledgment of paternity. The prior attorney filed for custody on behalf of the client, but not for paternity. The mother and child had gone on vacation to another state but never returned and this was filed two months …
Too often I have taken over a divorce and or custody case to find my new client stopped paying a legal obligation, such as court ordered support or mortgage or rent payments. When I ask why, the answer is my prior lawyer told me to stop, that I do not have to it. I ask did your lawyer tell you …
Seems too often in breakups, including divorce and child custody disputes, we hear only person’s side of the breakup and blindly believe that person, especially the woman (I believe this is due to sexism thinking the woman is the weaker one needing greater protection). During consultations, I tell people I can only access their case based on the facts he …
In any type of court case, the only provisions and terms of a settlement deal that are enforceable are those expressly set forth in the written contract. In divorce, child custody, child visitation and spousal or child support the contract is usually referred to as a stipulation of settlement or separation agreement. I have had clients who have told me …
You need to make your divorce, and all of its issues most important to you, inclusive of child custody, visitation and financial issues such as spousal and/or child support and equitable distribution. When your lawyer asks you for information and or documentation, you need to show your case is a priority to you and respond timely. If your lawyer has …
Not long ago, I sat in the hallway of the Nassau County Supreme Court Matrimonial Center and heard a random husband rant at this divorce lawyer, then just out loud, that he wants the Judge to know its all his wife’s parents fault that they are getting a divorce. He was relentless in his ramblings. I initially thought he was …
When you are under a court ordered obligation to pay support, you must do so timely. It is important to be aware that payment of your support is not made when you send a check, and not when the check is received. Payment is only legally made when the check is negotiated for good funds by being deposited and clearing …
In divorce and custody cases, temporary resolutions are often arrived at “without prejudice.” In theory, that means, for example, moving out of the marital residence and leaving the children behind with the other parent is without prejudice to your claims to the marital residence and child custody or increased visitations schedule. This makes the person moving out think he or …
Lately I have subbed into too many divorce cases where the pendent lite (or preliminary conference) stipulation required the moneyed spouse to either: pay all charge card bills, or pay a percent of all expenses as listed therein, instead of paying a specific amount of child support and or spousal support each month. The problem is that even when the …
In child custody cases, often the parents and or the child(ren) have a therapist. If it is individual therapy, each parent and the child(ren) should have their own therapist separate and part from each other. Last I was aware, the American Psychological Association Ethics state that it is a conflict for the same therapist to provide therapy to one of …
