Seeking Custody or Visitation as a Non-Biological, Non-Adoptive, Same-Sex Parent in the Absence of a Pre-Conception Agreement
Seeking custody or visitation as a non-biological, non-adoptive parent can feel like an insurmountable challenge, and make you feel as if you don’t have any rights. The Appellate Division, Second Department, however, recently affirmed an order from the Family Court, Nassau County (Judge Thomas A. Rademaker) giving standing to a same-sex, non-biological and non-adoptive parent seeking custody of and visitation with her non-biological children that were born during the couples’ marriage.
Under the new Tax Cuts and Jobs Act (TCJA), alimony payments that were previously tax deductible will no longer be for all post-2018 divorce agreements.
Despite the change in federal law, some states will allow alimony payments to be deductible for state income taxes. In New York, alimony payments are still deductible from New York State and City taxable income, even if a divorce agreement came after 2018.
NEW YORK, April 3, 2019 -- Weisman Law Group P.C. announced today that Jean Williams Mercurio joined the Firm as a Senior Attorney and Tracy Golden joined the Firm as Attorney.
“I am extremely pleased to welcome Jean and Tracy to the practice,” said founding partner Rachel J.B. Weisman. “Their addition to the team will help us further strengthen our offerings to our clients and continue to expand our practice.”
Divorce is sometimes the first experience a person has with the American court system. The thought of fighting over assets and custody of the children before a judge and a courtroom full of witnesses is frightening, but many family law cases never see the inside of a courtroom and are settled through a process called divorce mediation. Each method has its advantages and disadvantages; so first, let’s look at them separately. If you have any questions about the content in this article, do not hesitate to contact us!
After sixteen years of marriage with Mike, and devoting herself to caring for their household, Christine knew their marriage was over. Her conclusion was logical and rational but she had two children, ages 12 and 9, to consider. Where would the children live after divorce? Would she have to deal with Mike? Could Mike get custody of the children? How would she pay for the children’s expenses? Would Mike have the final say about the children since he paid for a majority of their expenses? Christine heard many conflicting answers from her friends. She was worried sick and could not sleep at night.
Grandparent's Child Custody Serves the Best Interests of the Child? (Bhanmattie H. v. Roxanne H.—2017.06.19)
In today’s world of “blended” and multi-generational families, one of the most difficult issues facing Courts and families is child custody, or with whom a child(ren) should live. Courts have traditionally seen the parent/child relationship as paramount, and have only disrupted this relationship under “extraordinary circumstances,” such as when the parent has been physically or sexually abusive, has been severely and persistently neglectful, and/or has serious mental, physical, or substance abuse issues. Courts viewed third parties, such as grandparents, as “secondary” sources of child custody, and have given them the opportunity to parent only when the child’s biological parents were deemed unable or unfit for custody of the child. However, courts are beginning to recognize the realities of many families where grandparents are invaluable figures. Rather than dismissing grandparents as secondary figures when it comes to child custody, courts are looking to the best interests of the child.
Attorneys of Weisman Law Group, P.C. write about changes to local family & divorce law, prominent divorce cases and verdicts, and the implications such cases around the world may have on family law.