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Parental Responsibility & Paternity

New York paternity laws

man and child

In New York, when a child is born to married parents, the presumption is that the husband is the legal father. When the parents are unmarried, it gets complicated. The law does not assume that the mother’s current boyfriend is the child’s father, and steps need to be taken before the putative father receives parental…

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Sealing your New York divorce record

boxes on shelves

Divorce has an uncanny way of bringing our most private circumstances to light. Even when the split is an amicable one, details like personal finances, a child’s special needs, and other intimate information take center stage so that they can be addressed and future plans made. Therefore, it’s an alarming thought that your family, friends,…

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How to celebrate Father’s Day as a divorced dad

father holding child

Normally you look forward to Father’s Day, but if this is the first time you’ve celebrated it since your divorce, then you may be wondering how you’re going to manage. These feelings can be even more difficult if you are the noncustodial parent or you share custody but the kids live with their mom. Sometimes,…

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How divorce or separation can affect your taxes

woman with taxes tablet calculator

If you were separated or divorced in 2018, then there will be certain tax implications, the most basic of which is your filing status. If you are separated but have not received a final divorce or legal separation decree, then you are considered married for the entire year for tax purposes and must file as:…

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Imputing income for underemployed parents

unemployed

Not long after you and your spouse separated, he was laid off from his job. Now that you’ve filed for divorce, he seems determined to remain unemployed, although he insists that he is actively looking for the “right” job. This scenario happens a lot. To reduce the amount of spousal or child support they might…

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Apps for co-parenting? They exist!

various apps

Technology is often blamed for situations leading to divorce: social media addiction, flirtation on Tinder, and other gadget-based rudeness and infidelity have all been cited as reasons for relationship breakdown. There are times, however, when technology makes your life easier, especially after divorce. The co-parenting apps listed below all make it easier for you and…

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How to make your kids feel more secure during divorce

mother hugs son

When their parents divorce, children often wonder what went wrong and whether or not they might be to blame. These anxious and confused feelings are heightened when one parent moves out, splitting the household and causing them to see that parent less often. Although there is no way to ease the pain of divorce completely,…

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Establishing paternity in New York

DNA for paternity concept

Fatherhood includes certain obligations and rights. Once a child’s paternity is established, the father has the right to see him or her and be actively involved in his or her life. Even if he elects not to do so, then he still has both a moral and legal obligation to support the child. When a…

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Same sex divorces in New York

divorcing

Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Who can claim the child on taxes after a divorce?

tax return showing dependents

If you are legally separated or divorced, then one of the most common questions you have may be about who has the authority to claim the child as a dependent. More often than not, it is the custodial parent who spends more than half the year with the child who has the rights to claim…

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The link between divorce and paternity in New York

paternity test

Paternity simply means the legal status of being a father, and this status can convey both responsibilities and rights. During the process of a divorce, one of the issues couples might face with regard to child support and child custody is that of paternity. If both parties do agree on the father of involved children,…

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Parent’s implied consent to child’s relocation

When a parent relocates to another country with his or her minor child, he or she usually needs the consent of the other parent. However, consent can be implied based on the actions of the parents as was the case described by a recent New York Law Journal article. A couple that met in New…

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New York State Domestic Relations Law summarized

Bronx Lawyer

The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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Judge does not allow mother to challenge who her child’s father is

paternity test

A man signed an “acknowledgement of paternity” stating that he was the father of the child at question. Three years later, the mother wanted to get the acknowledgement overturned. She claimed that the biological father was someone else according to a May 19, 2014 New York Law Journal article. The judge did not allow her…

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Whether a sperm donor is considered a “father”

father's rights

Many couples turn to sperm banks when they are unable to conceive a child, more specifically, same sex couples who are unable to conceive. Consequently, many sperm donors waive whatever rights or claims they might have on the child produced from their sperm. Today there are ads for sperm donors online, for instance on Craigslist. …

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Baby’s mother lied about the gender and death of her child

paternity and adoption

Christopher Carlton was eagerly awaiting the birth of his child who he thought was going to be a boy. However, about a month prior to when the child was expected to be born, his girlfriend Shalonda Brown left their Pennsylvania home as reported by Salt Lake Tribune in a March 26 2013 article. Carlton desperately…

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Sex offender was denied his due process rights

court

Ferry, a sex offender, was sent to prison and was released in 2009. Then he was sent to a mental institution. While he was in prison he was neither able to appear for his family court proceeding nor was he represented in court. Nevertheless, the family court granted his aunt sole custody of his two…

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Father’s parental rights in child custody disputes

Paternity Law

In New York, a parent may obtain full child custody and visitation rights even if the parents were never married. However, when it comes to a father’s rights they must either have been married to the child’s mother or signed an ‘Acknowledgment of Paternity’ before they are granted custody rights. Legal paternity must be established…

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Color of children’s skin leads Judge to order a paternity test

paternity attorney

Going against the legal tradition a Rochester Family Court Judge used two girls skin color as a factor to why a paternity test was needed. As discussed in a January 15, 2013 New York Law Journal article, an African American man petitioned the court seeking a paternity tests for two young children. The two children…

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Parent in a same-sex relationship allowed parental rights over adoptive child

child custody

A woman sought to obtain child visitation or joint custody over the children that she co-parented while in a relationship with the child’s mother, as reported by the Topeka Capital Journal in a February 22, 2013 news article. During the women’s relationship the mother of child was artificially inseminated and gave birth to two children.…

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Bronx child custody attorney comments on mother’s parental rights terminated

The children were removed on the grounds that both parents had abandoned and/or permanently neglected their children. This led to their parental rights being terminated by the court, however, both parents appealed this decision.  Although the court ruled in favor of the mother’s appeal, but the father’s rights are still subject to termination. The father…

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A father who denied paternity ends up gaining full custody

A New York mother lost her petition to the child’s father who denied paternity, as reported by the New York Law Journal in a September 14, 2012 article. Upon learning that he was the biological father both the mother and father petitioned seeking sole custody of the child. After reviewing the submitted evidence and documents…

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Family court’s semi-centennial

In New York State, there is a family court located in each of its five boroughs, in addition to the numerous family courts that are located upstate. Today New York City’s family court, which handles disputes that include but not are not limited to divorce, child abuse, child support, paternity, adoptions, and order of protections…

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Can a family have more than 2 parents? California to vote

A bill that challenges the traditional definition of a family passed in the California state Senate and is now in the state Assembly. This bill would allow a child to have more than two parents according to a July 10, 2012 Fox News online article. According to a statement by the bill’s sponsor, it is…

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Biological Paternity Does Not Equal Legal Father

In a case review published in the New York Law Journal on September 9, 2011, a Long Island judge ruled that a young girl’s biological father cannot be ruled the legal father or caretaker. The biological father of the girl, referred to as MB, filed suit to officially establish his paternity claim. Judge Eisman rejected…

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Bronx family attorney comments on new bigamy lawsuit filed.

  Gay rights’ activists are still fighting to gain the right to marry in every state. But one underrepresented group is just starting to gain the media’s attention on their fight to gain the right to marry. And marry. And marry again. Kody Brown is known from the popular TLC television show, “Sister Wives,” which…

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