As my readers know, not only am I a food and agriculture lawyer but I also have a family and matrimonial law practice. I wanted to point out a helpful organization here in New York City for you folks who may be going through a separation or divorce: FamilyKind. It offers separate classes for adults, children and teens to better …
Supervised Child Visitation in New York
When one parent (the custodial parent) has physical custody of a child, the other parent (the non-custodial parent) usually has visitation rights (i.e., “parenting time”). There is an assumption that a parent has a right to unsupervised visitation with his or her child absent any threat to the child’s wellbeing. However, if the court finds that there is a threat …
Member of the NY State Council on Divorce Mediation
I have recently become a member of the NY State Council on Divorce Mediation (“NYSCDM”). You can find me on the list of divorce mediators for New York County (Manhattan) using this search. Here is the complete list of divorce mediators. It has a nice blog you can subscribe to on information about divorce mediation. You can also follow …
Ask Cari: “When Can I Obtain an Order of Protection in NY Family Court?”
Family Court and Supreme Court has concurrent jurisdiction on family offenses. An indigent person may receive court-appointed representation in Family Court if they are under a certain income threshold. Family Offenses are crimes; therefore, Criminal Court also has jurisdiction over family offenses. In order for one party to bring a family offense petition in Family Court, one of the following …
Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”
I am frequently asked this question during divorce consultations. There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …
A Few Thoughts on Matrimonial Agreements
Matrimonial agreements are always encouraged, especially with divorces. When people enter into an agreement as opposed to getting an order from a judge, it is more likely that they will comply with the agreement. Any type of matrimonial agreement is a contract and can be enforced by court action just like any other civil contract. Matrimonial agreements may discuss the …
New Member of the Family & Divorce Mediation Council of Greater New York
As noted in previous posts on this blog, I have a growing divorce and family law mediation practice. I wanted to take a moment and note my membership of the Family & Divorce Mediation Council of Greater New York. If you are looking for a divorce or family law mediator, I recommend reviewing the Member Directory.
My Path Becoming an Agriculture Lawyer in New York City
Last month, I spoke to a group of Texas 4-H kids at a Texas A & M University via Skype about my work as an agriculture lawyer in New York City. I was asked to share a bit about my path and how I become an agriculture lawyer in the Big Apple. Here was my response: I grew up on …
The Collaborative Divorce – The Right Fit For You?
Collaborative law is an alternative to a lengthy, expensive, and adversarial litigation process. Couples, with the assistance of their attorneys (and sometimes other professionals), make joint decisions regarding the dissolution of their marriage. In order for the collaborative process to work, both the husband and wife must agree to work effectively together to reach goals that satisfy both parties. Trust …
Would Love Your Recommendation for the ABA Blawg 100
To my beloved readers… It’s that time of year again when the American Bar Association (“ABA”) is searching for the best 100 law blogs (“blawgs”). Last year, I made the coveted list and would love to do again.. but can only do so with your help. If you are a fan of this Food, Farm & Family Law Blog please …
How is Durational Spousal Maintenance Calculated in New York?
Pursuant to a divorce, spousal maintenance may be awarded for life, not at all, or for a fixed period of time. In New York, lifetime maintenance is awarded in extremely rare circumstances. Durational maintenance is awarded to the lesser-monied spouse of a divorce for a defined, fixed term. The purpose of durational maintenance is to enable the lesser-moneyed spouse to …
Sibling Visitation Rights in New York
There is a presumption that a parent knows what is best for his or her child and can decide who the child sees and when. When parents divorce, siblings or half-siblings might be split and their relationships might suffer. In New York, siblings (full-blood and half-blood) have a statutory right to visitation with each other. This is outlined in New …