SEPARATION OF SIBLINGS IN NEW YORK CUSTODY CASES
Nov 21, 2014
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
Nov 14, 2013
The fourth part of a guide on relocation. ...
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New York Law: Relocation of a Custodial Parent: Part 3
Oct 25, 2013
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. Tr...
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New York Law: Relocation of a Custodial Parent: Part 2
Oct 25, 2013
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. ...
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New York Law: Relocation of a Custodial Parent: Part 1
Oct 16, 2013
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. ...
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NEW YORK EQUITABLE DISTRIBUTION FACTORS
Oct 09, 2013
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 list...
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NEW YORK DIVORCE:MARITAL FAULT IS NOT A FACTOR IN EQUITABLE DISTRIBUTION
Oct 09, 2013
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 fa...
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New York Custody Hearings:Failing to Testify or Call a Witness
Apr 03, 2013
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 ev...
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New York Custody Hearings:Corroboration of a Child's Out-of-Court Statement
Mar 27, 2013
In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to ...
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New York Custody Hearings: Using A Child's Out-of-Court Statements
Mar 25, 2013
Proving in court child abuse or mistreatment can be difficult. Often we only have a child's out-of-court statements to a parent or a third party and very little other proof. An evidentiary problem aris...
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