ZB v. SS, (New York State Family Court, Chemung County, 2017)
Dec 14, 2017
OUTCOME: Father granted sole legal and physical custody with Mother getting one weekend of parenting time per month.
Mother filed Modification Petition seeking sole legal and physical custody of her son alleging Father was engaging in a course of conduct of estrangement and alienation. Father filed a Modification Pet...ition to eliminate her visits due to her alleged untoward conduct towards son. After five days of testimony, multiple expert testimony, several child protective investigations, two Lincoln Hearings, and an Article X 1034 report, Mother's proffered evidence not credible.
Child abuse
In the Matter of T.O. (Albany County 2017-07-11)
Jul 11, 2017
OUTCOME: The Department did not have sufficient evidence to meet the higher evidentiary burden of proof, therefor the relief sought by Appellant was granted and the indication unfounded.
In an altercation with her child, the daughter received a bruise/scratch. Appellant was indicated for inadequate guardianship . This indication would have potentially serious consequences for her futu...re employment.
Family
B. v. B. (New York State Family Court; County of Saratoga, 2015)
Nov 06, 2015
OUTCOME: After trial, Court granted child's attendance at boarding school. It was in the child's best interest to attend. Father was not credible on direct or indirect testimony. Relocation claim denied as mother's burden for travel.
Parties had joint custody, with the mother being the primary parent of the child. Daughter had exceptional academic aptitude and was granted admission to an elite boarding school. Father objected and ...tried to stop her from attending. Issues addressed: joint custody, decision-making of parent, relocation of child, best interest of child, merit of father's objections.
Divorce and separation
Shedden v. Shedden (New York State Supreme Court; County of Rensselaer, 2014)
Apr 30, 2014
OUTCOME: After trial, wife denied any portion of medical practice; wife received reasonable maintenance and attorney's fees.
Husband became a partner in a medical practice specializing in neurological radiology during the marriage. The parties were married 10 years, no children, enormous disparity in income. Issues addresse...d: marital property, separate property, personal property, wife's direct and/or indirect contributions to medical practice and marital residence, maintenance, attorney's fees, health insurance, expert testimony, valuation of business interest of husband, equitable distribution.
Divorce and separation
Bonocoro v. Bonocoro (New York State Supreme Court; Courty of Saratoga, 2013)
Nov 12, 2013
OUTCOME: After trial, husband received 80% of business, wife received 20% of business; Court found wife was capable of seeking gainful employment, no maintenance, no attorney's fees.
Parties married for 18 years, both parties established a very successful business. Wife left months after the business started; she did not work outside the home for years; husband continued for appro...ximately 15 more years with a buy-out well into the six figures. Issues addressed: Business valuation, equitable distribution, wasteful dissipation of assets, separate property, maintenance, attorney's fees; classification of property. Case was tried with co-counsel Laura M. Hoffman, Esq.
Child custody
G.F.H. v. K.M.B. (New York State Family Court; County of Tompkins, 2013)
Nov 01, 2013
OUTCOME: Court held change of circumstances; mother given sole custody of three children. The fourth, a teenager, remained with the father, per her request, and per her strained relationship with the mother.
After an eight-day trial, wherein there were attorneys for the Petitioner (father), the Respondent (mother), and counsel appointed for four children, the Court considered the father's petition seeking ...sole custody and primary physical placement of all the subject children with him. The central allegation in these proceedings were the claims that the mother allowed her daughters to be touched sexually by another person. Relative to the allegation concerning the elder daughter, the mother was first informed of such in early 2011. Despite the serious nature of such claims, the father failed to advise the mother of these allegations for at least another four weeks, allowing further visits of the children with her thereafter, and he failed to file for modification of custody for months. Relative to the allegations of sexual abuse, the parties underwent a forensic psychological evaluation. The psychologist, a psychiatric social worker, a licensed clinical social worker, and a psychiatrist testified. The Court found credible testimony that the father had engaged in a classic example of parental alienation. Further, the Court found the father had coached his youngest daughter to lie about the allegations of sexual abuse in an attempt to gain custody of all children. Given the evidence, the Court found his visitation needed to be carefully monitored. After testimony concluded, the Court held a Lincoln Hearing.
Family
DeRuzzio v. Ruggles, 88 A.D. 3d 1091 (3rd Dept. 2011)
Oct 20, 2011
OUTCOME: Court upheld Family Court's dismissal of Petitioner's petition. Providing the minor with a wine cooler on one occasion, while "inexcusable," was an incident in isolation; Petitioner's other arguments were dismissed because they were without merit.
Parties had joint legal custody of children, with mother being primary. Father alleged she was unfit because she provided the 15-year-old son with a wine cooler and drank it with him. The Family Court ...limited certain portions of evidence at the hearing. Petitioner argued such limitation was an abuse of discretion.
Divorce and separation
Griffith v. Griffith (New York State Supreme Court; County of Rensselaer, 2011)
Sep 21, 2011
OUTCOME: After trial, Court denied husband's relief because parties had relations during one-year period prior to his commencement of the divorce action.
Contested divorce in 26-year marriage wherein husband alleged that wife constructively abandoned him during the one year prior to the filing of the Summons with Notice.
Child support
T.O. v. R.O. (New York State Family Court; County of Rensselaer, 2011)
Aug 15, 2011
OUTCOME: The de novo review ordered Mr. O.'s child support be based upon his current annual income - 25% for his two children - from the date of the filing of the petition.
The Judgment of Divorce incorporated an Agreement dated September 30, 2008. The Agreement did not merge into the Judgment of Divorce, but survived. With respect to child support, Mr. O. represented he ...was earning $35,000.00, upon which child support for two children was based. Shortly after signing the September 2008 Agreement, Mr. O. entered into an employment contract with the television show Orange County Choppers, and pursuant to his contract, his income increased to $95,000.00 annually. At the time of the hearing, he was earning $119,999.88 annually.
At the commencement of the fact-finding hearing, Ms. O.'s attorney moved to set aside the Agreement for failing to comply with the Child Support Standards Act, because the agreement did not comply with the mandatory notice provisions of Section 413(1)(h) of the Family Court Act and Section 240(1-b)(h) of the Domestic Relations Law. Inasmuch as the September 2008 agreement failed to comply with the CSSA, a new obligation, effective with the filing of the petition, was deemed mandatory.
Family
Gasparro v. Edwards, 85 A.D.3d 1222 (3rd Dept. 2011)
Jun 02, 2011
OUTCOME: Family Court Decision upheld wherein father had proved a sufficient change in circumstances and was awarded primary physical custody, in part due to Respondent's poor judgment, chaotic living situation, mental health concerns, and her work history.
Father petitioned to modify prior custody order, seeking physical custody of children. Mother had primary custody, sharing joint legal custody with the father. Issues addressed: fitness of parents, chi...ldren's best interests, grounds, factors, joint custody, credibility of expert witness and psychological evaluation.
