Archive for Uncategorized

Same Sex Couples & Child Custody

Same Sex Couples & Child Custody

On August 30, 2016, the New York State Court of Appeals fundamentally changed the dynamic of family law concerning same-sex couples and child custody.  Until that day, a non-biological parent from a same-sex relationship who did not adopt the child had no standing to seek…

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New York Legal Separation Agreement

New York Legal Separation Agreement

“Choosing to divorce or remain in a marriage is a difficult decision that requires time for careful thought,” says attorney Joe Nivin. “Sometimes married couples will choose to live apart before deciding 
to make such a big life altering change.” In the state of New…

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Paid child support for a college student? Receive a credit for money spent on room and board.

Paid child support for a college student? Receive a credit for money spent on room and board.

In the Matter of Marina B. Brandt, appellant, v Robert A. Peirce, respondent.   D’Agostino Law Office, P.C., Pleasantville, N.Y. (Joseph Rizzo of counsel), for appellant. Daniel Lawrence Pagano, Yorktown Heights, N.Y., for respondent.   DECISION & ORDER Appeal from an order of the Family…

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Decreased Visitation Does Not Mean Increased Child Support

Decreased Visitation Does Not Mean Increased Child Support

Casler v Casler 2015 NY Slip Op 06653 Decided on August 26, 2015 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports….

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Is Relocation Good For The Children?

Is Relocation Good For The Children?

2013-06224 DECISION & ORDER In the Matter of Lisa Christy, appellant, v Brian Christy, respondent. (Docket Nos. V-14614-12, V-14615-12, V-14616-12) Bryan L. Salamone & Associates, P.C., Melville, N.Y. (Katherine M. Saciolo of counsel), for appellant. Golden Hirschhorn LLP, Garden City, N.Y. (Alan K. Hirschhorn of…

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Findings of Child Neglect

Findings of Child Neglect

  Matter of Anastasia L.-D. (Ronald D.)   Jeffrey D. Friedlander, Acting Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg of counsel), for appellant. Deanna Everett-Johnson, Brooklyn, N.Y., for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of…

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Contested Custody Cases

Contested Custody Cases

  Matter of Mandal v Mandal   Amy Mulzer, Brooklyn, N.Y., for appellant. Teresita Morales, Jamaica, N.Y., attorney for the children. In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of…

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You can beat an order of protection case if…

You can beat an order of protection case if…

  Matter of Shiffman v Handler Bondi Iovino & Fusco, Garden City, N.Y. (Desiree Lovell Fusco of counsel), for appellant. Pearlman, Apat, Futterman Sirotkin & Seinfeld, LLP, Kew Gardens, N.Y. (Martin Seinfeld, Richard H. Apat, and Jordana Seiden of counsel), for respondent. In a family…

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In a divorce matter where the marital residence is at issue…

In a divorce matter where the marital residence is at issue…

In a divorce matter where the marital residence is at issue, the Court should give the parties the option of retaining exclusive occupancy of the residence upon payment of the marital debts, within a reasonable amount of time,” says attorney Joseph H. Nivin. SUPREME COURT…

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Joseph H. Nivin’s success in this case shows it’s not impossible to overturn a trial court’s factual determinations!

Joseph H. Nivin’s success in this case shows it’s not impossible to overturn a trial court’s factual determinations!

2.28.14 Joseph H. Nivin, Jamaica, N.Y., for appellant. In a proceeding pursuant to Family Court Act article 6 for the appointment of Gardeep S. as guardian of the child Kamaljit S., Kamaljit S. appeals from an order of the Family Court, Queens County (Pach, J.H.O),…

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