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Anthony Gerard Buono
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Anthony Buono’s Legal Guides

36 total

  • Equitable Distribution of Property Analysis in New York: Part 1

    In a New York matrimonial action the equitable distribution of property requires a four step analysis. This guide will examine the first two of these steps in order. Identification of Assets The firs

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  • CUSTODY DETERMINATIONS WITH SPECIAL NEEDS CHILDREN IN NEW YORK

    Custody cases in general are among the more difficult domestic relations cases. Custody cases that involve children with special needs are even more challenging for parents and attorneys. Special Nee

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  • SEPARATION OF SIBLINGS IN NEW YORK CUSTODY CASES

    As a general rule, New York courts are reluctant to separate siblings and will not do so unless there is an “overwhelming need” to do so. Keeping Siblings Together The New York Court of Appeals has re

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  • RELOCATION OF A CUSTODIAL PARENT: PART 4

    The fourth part of a guide on relocation.

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  • New York Law: Relocation of a Custodial Parent: Part 3

    In evaluating a custodial parent's request for permission to relocate with a minor a court must determine if such a move would be in a child's best interests using the factors set forth in Tropea v. Tropea. As discussed previously, the impact of the move on quantity and quality o...

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  • New York Law: Relocation of a Custodial Parent: Part 2

    A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. The factors by which a court should determine if such a move would be in a chil...

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  • New York Law: Relocation of a Custodial Parent: Part 1

    A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. This rule was articulated by the New York Court of Appeals in 1996 in the landm...

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  • NEW YORK EQUITABLE DISTRIBUTION FACTORS

    In New York State, marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors that are listed in the Domestic Relations Law. These factors examine the "economic partnersh...

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  • NEW YORK DIVORCE:MARITAL FAULT IS NOT A FACTOR IN EQUITABLE DISTRIBUTION

    In New York State, a married couple's marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors listed in the Domestic Relations Law. None of these factors is marital fa...

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  • New York Custody Hearings:Failing to Testify or Call a Witness

    In a New York Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and o...

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