Katie Holmes Seeks Split from Tom Cruise Under New York Law

It appears a legal battle is waiting in the wings to determine the proper venue for the divorce suit between actors Katie Holmes and Tom Cruise, and custody over their daughter Suri.   According to New York state law, a couple must satisfy one of the following residency requirements to be divorced...
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Resisting Arrest Charges Dismissed in Brooklyn Family Court

On May 7, 2012, the Court in Matter of Victorino W., D-29783-11, dismissed two resisting arrest charges against two female students when it held there was insufficient evidence to show that neither of the two respondents knew they were being arrested.   The first student Victoria W. allegedly push...
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New York Divorce Lawyers are seeing a New Shade of Green

With a number of our neighboring states having already legalized same-sex marriage, notably Massachusetts, Connecticut, New Hampshire and Vermont, the recent decision adding the state of New York to that list is expected to spur a ripple effect throughout the nation. But this is not the only expecte...
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Nobel Prize winner claims professional negligence by his lawyer forced him to lose some of his award money in divorce

Jury selection began today in Federal Court in Washington, D.C. for a case involving Nobel Prize award money.  Prior to winning the Nobel Prize in Economics in 2001, Joseph Stiglitz hired a divorce attorney.  Stiglitz is now suing his former attorney for $1 million for professional negligence, whi...
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Education – Children’s report cards and teacher comments are not admissible under business records exception to hearsay rule.

In an issue of first impression, the Family Court, Kings County, held that children’s report cards and teacher comments are not admissible under the business records exception to the hearsay rule. The Court considered many factors in its decision and also into consideration that a child’...
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Family Law: Mother entitled to a hearing on return of children who had been removed from her home and placed with their father

In the early morning hours of February 4, 2009, three children, then aged six years, four years, and nine months, respectively, were found by a police officer wandering the streets alone. The next day, February 5th, the New York City Administration for Children’s Services filed petitions in th...
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Family Law: Judge rules that Charlie Sheen and Brooke Mueller are to continue joint custody of twins

California Superior Court Judge Hank Goldberg ruled that the custody agreement between Charlie Sheen and Brooke Mueller will stay in place and denied Sheen’s bid for sole custody of his 2-year-old twin boys.    The hearing was sealed at the request of Mueller’s attorney with the Judge saying ...
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Family Law Update: California judgment, dissolving marriage and distributing marital assets, was entitled to full faith and credit in New York

A California court’s divorce judgments, dissolving the parties’ marriage and distributing the marital assets, were entitled to full faith and credit by the New York courts.   Under full faith and credit doctrine, out-of-state judgments give res judicata effect to those issues conclusiv...
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Family Law: Modification of child custody order to permit custodial father to move with child to Thailand was in best interests of child

A father, who resided in Pennsylvania and had primary physical custody of his child, cross-petitioned for a modification of a child custody order which would permit him to move with the child from Pennsylvania to Thailand.  Under New York law, a party seeking relocation of his or her child must es...
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