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Committee on Children and the Law and Family Court and Family Law

Ian Fields, Co-Chair

White Plains NY Family Law Blog

New York Senate considers guardianship across state lines

In today's society, countless families are spread-out across the country, as people relocate for jobs, school, or other concerns. Rarely, it seems, does an entire family unit live within the boundaries of a single state. The New York state Senate has acknowledged this trend recently, as the legislative body considers the subject of guardianship for the elderly.

In particular, the state government considered a bill that purports to make it easier to care for relatives across state lines. The proposal, sponsored by a Republican from Nassau, pertains to New York residents who are guardians of relatives in other states, as well as guardians from other states who care for loved ones in New York. The bill's purpose is to create a consistent standard regarding legal guardianship, the elderly, and multiple states that may be involved.

Wall Street exec accuses ex of inflating need for child support

Most New York-area residents would likely agree that the cost of living nowadays has gotten fairly steep. For some people, though, no amount of money is ever enough. For others, it is a daily battle to support themselves and their children. The recent case of a British socialite, her Wall Street power player ex, and their 5-year-old daughter illustrates just how open to interpretation a child support dispute can become.

The 43-year-old woman and the father of her child are clashing over the involvement of the woman's new boyfriend, a former executive for Goldman Sachs, in their child support agreement. According to the father, who works on Wall Street as a financier, the woman's current lover helped her hide her financial condition in order to receive more money in child support. The father claims that the boyfriend assisted the woman in obtaining over $50,000 per month from a court in Hong Kong, where the woman's family has a home.

Mother flees with child, possibly to New York

Due to their inherently emotional nature, family law issues can quickly become contentious if parties disagree. Child custody in particular is an area rife with opportunities for disputes to escalate into battles, sometimes threatening fathers' rights. In a recent case out of Oregon, the father of a 5-year-old little girl believes the child's mother fled with her to New York, violating a custody agreement in the process.

The father last law his child back in January. Prior to that, he and the girl's mother had been sharing joint custody, and were exchanging the child at their local public library. However, the mother failed to show up one day. The father notified police and checked her home, but she and the child were gone. The father suspects she may have fled with the child to her native New York, as she had tried to convince a judge before to allow her to do just that. Still, the courts concluded that the child's best interest was to remain in Oregon, where her father lives.

Divorcing spouses' disparate incomes leads to new industry

As many residents of the New York metro area know, different occupations and life choices can lead to hugely disparate incomes. Many take the high-powered route, while others may spend less time in the working world and more time with other pursuits. In today's day and age, these differences no longer correspond with gender or marital status; as a result, New York and its surrounding suburbs are extremely diverse when it comes to individuals' financial resources.

Often, these differences in income can exist under the same roof, between married partners. In the event of a divorce, money matters often take center stage, with the wealthier spouse seeking to retain their assets and the less-wealthy spouse striving for an equitable outcome as well. Attorneys who specialize in family law have navigated this issue for years, although a related industry's growth points to the subject's continued importance.

Parents flee to Cuba in child custody case

Any custody dispute that involves a termination of parental rights can produce a host of turbulent emotions: confusion, frustration, and disbelief, to name just a few. In a recent child custody case out of Florida, all of these feelings feature in a story centered on parental rights and their limits.

In New York, there are multiple reasons why a judge might consider terminating parental rights. These can include neglect, abandonment, or abuse. In addition, a parent's mental illness can also come into play if that affliction prevents the parent from properly caring for their child. Parents who have substance abuse issues, or certain types and levels of criminal activity, can also find the courts questioning their parental rights. Overall, parental rights are terminated if it is determined that it is in the child's best interest to do so.

Father carries on quest to find missing son

Over the past several years, several high-profile cases of missing children have gained wide publicity through television news and the internet. In New York, the infamous case of missing boy Etan Patz brought child abductions into the national spotlight, and more incidents have fueled America's interest in the tragic phenomenon over the years. One recent case out of Seattle has highlighted both missing children and fathers' rights.

In November of 2011, a 30-year-old woman told police in Washington that she was driving her 2-year-old son and 4-year-old daughter to a medical center when she experienced car trouble, apparently out of gas. According to the woman, she left the stalled, unlocked car with her son inside and walked to a nearby gas station, taking her daughter with her. When she returned to the vehicle, her son had purportedly vanished from the site. According to the boy's father, the child was actually last seen during the spring of 2011, and he himself last glimpsed the boy in 2010.

Unmarried parents must still navigate divorce, of sorts

It is often assumed that a New Yorker must be married in order to get divorced. Of course, that is true on the technical level, but unmarried parents who undergo the traumatic upheaval of a breakup would likely say that they, too, experience divorce. In today's day and age, family law issues are not just for those who have tied the knot.

Rates of marriage in the United States are at relatively low levels, and for many, cohabitation has taken the place of more traditional marital arrangements. Some people don't want to put their children through a messy divorce, while others have already been married and don't want to endure the process of marriage, and possibly divorce, a second or third time. Due to these trends and other changing attitudes, over 50 percent of children born to women younger than 30 have parents who are not married to each other.

Grandparents, others navigate world of guardianship

Raising a child is never easy, but raising someone else's child requires just as much energy, dedication, and emotional involvement. Grandparents throughout New York state are discovering just how much it takes to take on the challenging yet rewarding guardianship role. In Ulster, Sullivan, and Orange Counties, for instance, over 9,000 children are being raised either by their grandparents, aunts, uncles, or other adults besides their biological parents. Statewide, 1 out of every 11 kids experiences being raised by someone who is not their natural parent.

A grandparent, or an aunt or uncle, might become the guardian of a child in New York for many reasons. If a child's biological mother or father passes away or goes missing, for example, the child will need a caring, capable legal guardian. Another need for guardianship action occurs when biological parents are simply unable to care for their child or children anymore. This could be due to trouble with the law, substance abuse, or psychological turbulence. Financial issues can also be behind a guardianship action.

New York PSA campaign mentions child support duties

It's often noted that becoming a teen parent in New York is costly in more ways than one. Teenage parents generally have a tougher time completing their education, managing their finances, and earning enough to meet their many obligations. One such responsibility is child support, which the state of New York requires a non-custodial parent pay until their child reaches the age of 21.

Many people assume that legal responsibility for a child ends when the child turns 18, but that is not true in many cases, including child support. A new public service ad campaign in New York reflects that message via ads and videos, as well as an interacting texting service that teenagers can use to receive more information. One message featured in the new ad campaign is that teen parents, like all parents, are legally bound to pay child support; otherwise, if they are the custodial parent, they have their own set of money-related obstacles to overcome.

Good legal advice crucial in adoption matters

Legal matters always require solid legal advice. However, when it comes to family law issues, faulty or incomplete legal advice can be life-altering and even devastating. New Yorkers engaged in the adoption process, for instance, know that an attorney's advice can help with both the logistical and emotional demands of expanding a family. Similar processes, such as those required for divorce or guardianship, follow the same pattern: laypersons team with professionals to create family-oriented solutions.

Unfortunately, sometimes people are in a rush to wrap-up their family concerns, and good legal advice can be bypassed as a result. The case of an Illinois couple provides a heartbreaking example, as a man and woman from the Chicago area will likely have to give up the baby they brought home last June. During the summer of 2012 the couple entered the U.S. with a baby from South Korea, whom they believed they had obtained via a legal private adoption. However, they discovered they lacked crucial paperwork for the process.

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