What is Parental Alienation?
A question that frequently arises is what parental alienation is. This tends to arise in child custody and visitation cases. Parental alienation has been defined as the active interference by one parent in the other parent’s relationship with the child. In parental alienation, the offending parent encourages negative beliefs, programs or denigrates the other... Read More
Can a Spouse or Significant Other Be Evicted in Landlord-Tenant Court?
A topic that arises is whether a spouse or significant other can be evicted from the residence in landlord-tenant court. In New York, the simple answer is “no.” It has been established that a family member cannot be evicted as a mere licensee in landlord-tenant court. This is known as the “familial exception.” The familial... Read More
How Are Personal Injury Settlements Handled in Divorce?
A question that arises is how personal injury settlements are handled in divorce. In New York, assets which are acquired by either spouse during the marriage are generally considered marital in nature. Marital assets are subject to equitable distribution. This means that the value will be distributed between the parties fairly, which is not necessarily... Read More
What Happens to the Engagement Ring if the Marriage Does Not Occur?
A question that arises is what happens to the engagement ring if the marriage does not occur. In New York, an engagement ring is considered a conditional gift given in contemplation of marriage. It must be returned to the purchaser based upon failure to marry. A lawsuit seeking the return of the ring is... Read More
What is a Forensic Custody Evaluation?
I am frequently asked about forensic custody evaluations. A forensic evaluation is a court ordered psychological examination in a custody and visitation case. The evaluation is conducted by a mental health professional such as a psychologist. The purpose of the evaluation is to assist the court in determining the best interests of the child. ... Read More
What are Grandparents’ Rights?
I am often asked about Grandparent rights. Grandparents in New York do not have an automatic right to visitation or custody. They can bring an application to the court seeking custody or visitation in certain circumstances. Grandparents can seek custody in situations such as when the parents are unfit. This can include substance abuse;... Read More
What is Constructive Emancipation?
A question that arises is what constructive emancipation involves. Under the doctrine of constructive emancipation, a child of employable age who actively abandons the non-custodial parent may be deemed to have forfeited their right to financial support. The child must be of an “employable age” to be constructively emancipated. The abandonment by the child... Read More
Can the house be sold during the divorce?
A question that arises is whether the marital residence or other properties can be sold during the pendency of the divorce. The Automatic Restraining Orders (DRL 236) are effective upon the commencement of the action. This prevents the sale or transfer of the premises until the divorce is finalized. The Automatic Orders apply regardless of... Read More
Does New York have common law marriage?
I am asked about this topic when persons in a relationship are cohabitating and may have children in common. However, there is no common law marriage in New York. When the parents are not legally married, the proper venue for issues involving child custody, visitation and support is family court. Real estate and other financial... Read More
What is an annulment?
I am often asked what an annulment is. Like a divorce, a legal (or civil) annulment ends a marriage. The spouse seeking the annulment must demonstrate a statutory ground upon which the court will grant the annulment. If proven, the marriage is void by court order. One possible ground for obtaining an annulment is... Read More