Issuing an Initial Custody Order Where the Children Reside Outside New York State
If a parent moves out of New York state and is now residing in another state with the children, can a New York court still issue an initial custody and parenting time order? The simple answer is yes. So long as a parent still resides in New York state and the children have not resided in another state for six consecutive months, New York state should take jurisdiction to issue an initial custody order.
Publications
The Indirect Contribution of a ‘Restrained Lifestyle’ Written By: Jeffrey L. Catterson The Sulfolk Lawyer VOL. 35, NO. 1 - January 2020 www.scba.org One of the fundamental elements of the Domestic Relations Law (“DRL”) a matrimonial attorney learns out of the gates is that equitable distribution does not necessarily mean an equal distribution of marital assets and liabilities. The character of the asset or liability and each spouse’s role, both directly and indirectly, in the accumulation of that asset or liability will play an integral part in the percentage of equitable distribution a court will ultimately award the parties. This is especially so when dealing with the distribution of business interests. Read Article
One of the first questions we hear from a prospective client is “How much am I going to have to pay in support” or “How much is he/she going to pay me?”
By her October 1, 2018 decision in MF v. SF, (NYLJ October 16, 2018), Suffolk County Supreme Court Justice Carol Mackenzie determined that any potential liability stemming from a medical malpractice action against the Plaintiff/Husband did not constitute a marital debt. READ MORE
The challenge we are often faced with after obtaining business valuations is advising our clients what percentage the trial court will likely award a non-titled spouse in the titled spouse's marital business interests. READ MORE
Article Written By: Leo K. Barnes, Jr. See Original Article