Westchester Mat Law Blog

Grandparents Rights

Custody and Visitation The New York Domestic Relations Law allows grandparents to petition the court for visitation with and/or custody of their grandchildren in limited circumstances. Where either, or both, of the parents of...

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Removal of Barriers to Remarriage

Religious Divorces and Civil Divorces The Domestic Relations Law in New York mandates that, when spouses are married in a religious ceremony, the Plaintiff (the spouse commencing the action for divorce) must take, or...

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Paternity

When paternity is contested, a Court is empowered to order the mother, child, and the possible father to submit to DNA tests in order to establish paternity. The court may decline to order such...

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Visitation

WHAT IS VISITATION? DO PARENTS HAVE A RIGHT TO VISITATION? In cases where parents are separated or divorced, one parent will generally be deemed the “primary residential parent” or “custodial parent”, meaning that the...

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Grounds For Divorce

Until October 12, 2010, New York was the only U.S. state without some variation of no fault divorce. Since the enactment of New York’s No-Fault Divorce statute, there are now seven grounds for divorce...

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Child Support – What Is It?

Parents are charged with the obligation to support their children. The Child Support Standards Act (CSSA) provides a formula by which parents’ presumptive child support obligations can be determined. Child support obligations may be...

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What Is Equitable Distribution?

Marital versus separate property Marital New York State Domestic Relations Law defines marital property “as all property acquired by either or both spouses during the marriage and before the execution of a separation agreement...

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Parental Rights vs. Non Parental Rights

Do parents have superior rights to custody over non parents? Under normal circumstances, only parents have the right to seek custody and have superior custody rights to any non parent. For a non parent...

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