Divorce: New York

Divorce: New York

Tag Archives: Hearing

Attorney for Children Successfully Challenges Custody Order Entered on Parents’ Consent

Posted in Custody and Visitation
The court-appointed Attorney for the Children may object to and appeal from a custody order entered upon the consent of the parents. So held the Appellate Division, Second Departrment, in its June 26, 2015 decision in Velez v. Alverez, reversing the order of Westchester County Family Court Judge Robert C. Cerrato. The mother and the… Continue Reading

Pet Custody: Part 2

Posted in Agreements and Stipulations, Equitable Distribution
Pets should be recognized as a “special category of property,” according to Albany County Supreme Court Justice Michael C. Lynch in his February 19, 2014 decision in Hennet v. Allan. As a result, he ordered a hearing to determine which member of this broken-up couple would be awarded sole possession of “Duke,” their black Labrador retriever. The parties, Alisha and William,… Continue Reading

Parent May Assert Malpractice Claim Against Attorney for the Child as Defense to Fee Application

Posted in Custody and Visitation
Following a custody/visitation dispute, a parent may assert a malpractice claim as a defense to the application for the payment of fees of the Attorney for the Children. However, in its December 5, 2013 opinion in Venecia V. v August V., the Appellate Division, First Department, held that no malpractice had been committed, and no… Continue Reading

Hearing Ordered to Determine Custody of Dog in Divorce Action

Posted in Custody and Visitation, Equitable Distribution
Blending science, culture, compassion and philosophy with legal precedent, Justice Matthew F. Cooper, in his November 29, 2013 opinion in Travis v. Murray, agreed to hold a one-day, winner-take-all hearing to determine the fate of a divorcing couple’s dog, Joey, a two and a half year-old miniature dachshund.  Shannon Louise Travis and Trisha Bridget Murray were married on… Continue Reading

Mother’s Driving While Impaired Warrants Hearing on Father’s Application to Limit Mother’s Visitation

Posted in Custody and Visitation
The Appellate Division, Second Department, has held that a father’s application for sole custody and for supervised visitation for the mother, should not have been denied without a hearing, where the father had alleged that the mother operated a motor vehicle in a impaired state, posing a danger to the children. In Nusbaum v. Nusbaum,… Continue Reading