Statutes
New York’s Domestic Relations Statutes
§ 70.
Habeas corpus for child detained by parent.
§ 71.
Special proceeding or habeas corpus to obtain visitation rights in respect
to certain infant siblings.
§ 72.
Special proceeding or habeas corpus to obtain visitation rights or custody
in respect to certain infant grandchildren.
§ 140.
Action for judgment declaring nullity of void marriages or
annulling voidable marriage.
§ 170.
Action for divorce.
§ 171.
When divorce denied, although adultery proved.
§ 172.
Co-respondent as party.
§ 173.
Jury trial.
§ 200.
Action for separation.
§ 210.
Limitations on actions for divorce and separation.
§ 211.
Pleadings, proof and motions.
§ 220.
Special proceeding to dissolve marriage on the ground of
absence.
§ 230.
Required residence of parties.
§ 232.
Notice of nature of matrimonial
action; proof of service.
§ 233. Sequestration of defendant’s
property in action for divorce,
separation or annulment where defendant cannot be personally served.
§ 234.
Title to or occupancy and
possession of property.
§ 235.
Information as to details of matrimonial actions or
proceedings.
§ 236.
Special controlling provisions; prior actions or proceedings;
new actions or proceedings
PART B NEW ACTIONS OR PROCEEDINGS
§ 237.
Counsel fees and expenses.
§ 238.
Expenses in enforcement proceedings
§ 240.
Custody and child support; orders of protection.
§ 248.
Modification of judgment or order in action for divorce or
annulment.
§ 252.
Effect of pendency of action for divorce, separation or
annulment on petition for order of protection.
Case Law
In the matter of Shondel J. v. Mark D.
Mistaken Avowal of Fatherhood Imposes an 'Equitable Paternity'
July 10, 2006
Recently, the courts heard a controversial case involving the new concept
of 'equitable paternity.' The matter of Shondel J. v. Mark D., focused on the
situation of Mark D., a man who had mistakenly believed he had fathered a girl
while visiting family in Guyana and proceeded to behave as her father would
be expected to. He visited her, sent her gifts, helped financially to support
her and even signed a letter affirming his position as her father so that she
could obtain immigration papers.
Full Document
In the case of Cynthia A. T. v. Glenn R. N.
Mother Awarded Sole Custody of Son Against Grandmother Despite Extended Separation
July 7, 2006
In the case of Cynthia A. T. v. Glenn R. N., the issue was the custody of
a young boy, Kyle R. T.. Cynthia, the boy's paternal grandmother, filed a petition
seeking custody of the child, against father, Glen R. T., and Mother Sarah-Lee
Z.. The mother cross-filed petitions against the father and grandmother, seeking
custody.
Full
Document
In the matter of Tammy Louise Tropea, Respondent, v. John Peter Tropea, Appellant.
In the matter of Jacqueline Browner, Respondent, v. Andrew Kenward, Appellant.
March 26, 1996
In each of these appeals, a divorced spouse who was previously granted custody of the couple's minor offspring seeks permission
to move away from the area in which the noncustodial spouse resides. Both noncustodial spouses oppose the move, contending that it
would significantly reduce the access to the children that they now enjoy. Their respective appeals from the Appellate Division order
and the Family Court judgment authorizing the requested moves raise significant questions regarding the scope and nature of the inquiry
that should be made in cases where a custodial parent proposes to relocate and seeks judicial approval of the relocation plan.
Full Document
Hedy L. McSparron, Appellant, v. James G. McSparron, Respondent.
December 7, 1995
In O'Brien v O'Brien (66 NY2d 576), this Court held that a professional license acquired two months before the commencement of the
matrimonial action was marital property subject to equitable distribution under Domestic Relations Law § 236B. Since that decision,
the courts of this State have struggled with the problems involved in distributing the value of older professional licenses that have
been utilized in the development of their holders' careers. The primary question presented by this appeal is whether a license that
has been exploited by the licensee to establish and maintain a career may be deemed to have "merged" with the career and thereby
lost its character as a separate distributable asset.
Full Document
In the matter of Maryann Cassano, Respondent, v. Dominick Cassano, Appellant.
Decided May 9, 1995
The focus of this appeal is the Child Support Standards Act (Family Court Act § 413; Domestic Relations Law § 240), which
includes a numeric formula for calculating the award of child support, prescribing criteria as to combined parental income under $80,000
and criteria as to income above that amount. We are asked to review an award determined by application of the statutory formula to combined
parental income exceeding $80,000. We conclude that the award was proper and affirm the Appellate Division order so holding.
Full Document
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