Family/Matrimonial Law

Right to Counsel

By Jeffrey L. Emdin / July 1, 2020 /

In the recent case of Goodine v Evans, the Appellate Court reversed the Support Magistrate’s finding of willfulness in a contempt proceeding to punish the father for failure to pay child support. The Appellate Division found that the Support Magistrate failed to make a proper injury into the father’s financial resources before denying him free,…

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Parental Alienation and Modification of Custody

By Jeffrey L. Emdin / May 19, 2020 /

In the case of Anthony J. v Joanna K. the court found that the mother’s conduct, which included numerous (19) false abuse/neglect reports and/or promoting mandated reporters to make false calls to the ACS hotline, was sufficiently egregious to warrant a change in custody. Due to these false calls and claims, the father and the…

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Modification of Custody/Visitation Order

By Jeffrey L. Emdin / May 8, 2020 /

A parent seeking to modify a prior order of custody/visitation must demonstrate a change of circumstances since entry of the order. Once a change of circumstances has been established, the client then must demonstrate that modification of the underlying order is necessary to ensure the child’s continued best interests. In the recent case of “William…

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Is Corporal Punishment Legal In New York State?

By Jeffrey L. Emdin / April 10, 2020 /

The short answer is yes, with caution. According to New York Penal Law Section 35.10, a “parent, guardian, or other person entrusted with the care and supervision of a person under the age of twenty-one (21), or an incompetent person… may use physical force, but not deadly physical force, upon such person when and to…

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Matrimonial Laws / Privacy Law

By Jeffrey L. Emdin / January 29, 2020 /

In a severe rebuke of a husband’s conduct during a divorce proceeding, a Brooklyn Judge sanctioned him, striking his pleadings. The sanction was issued after it came to light that the husband had bugged his wife’s phone and listened in on her communications with her attorney. The ruling came from Justice Sunshine (Kings County) after…

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Gifts Given in Contemplation of Marriage

By Jeffrey L. Emdin / January 29, 2020 /

You fall deeply, madly in love and you propose with a beautiful diamond engagement ring. Unfortunately, the wedding is called off and a fight ensues as to who gets to keep the ring. This was the issue that a New York Court recently had to decide regarding a $40,000.00 engagement ring. The recipient of the…

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