Barrocas, Mintz, Misuraca & Record, P.C.

11/01/2022

09/30/2021

What is a Relocation/Move Away Case?

A move-away case occurs when a custodial parent asks for a court order allowing him or her to move with the children a significant distance away from the other parent. In many cases, the move can impact the other parent’s access to the children.

We recommend that you have an experienced Long Island or New York City move-away request attorney from Barrocas, Mintz, Misuraca, and Record to assist you with making any custody agreement modifications. We understand the intricacies of the New York State Family Code child custody laws and how a move may be viewed by the court.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

09/26/2021

Grandparents Rights

What are grandparents rights in New York?

When grandparents petition for visitation under DRL section 72, the court undertakes a two-part inquiry: first it must find standing based on death or equitable circumstances which permit the court to entertain the petition. If it concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild. Wilson c. McGlinchey, 2 NY3D 375 (2004).

In considering whether a grandparent is entitled to visitation where both parents are alive, the court must first determine whether equitable circumstances exist which provide the grandparent with standing, and if such circumstances exist whether visitation would be in the grandchild’s best interest. Marks v. Cascio, 24 AD3d 566, 808 NYS2d 261 (2nd Dept. 2005).

An essential part of the inquiry in grandparent visitation is whether a meaningful relationship exists between that petitioning grandparent and the child, or in cases where a parent has thwarted the attempts to forge such relationship whether the grandparent made sufficient efforts to establish one. Eggleton v. Clarek, 11 AD3d 459, 782 NYS2d 771 (2nd Dept. 2004).

In Eggleton v. Clarek, the paternal grandmother failed to establish prima facie case for visitation with her grandchildren after their father died; the grandmother had no contact with her son for 22 yrs, during which time her son married and had grandchildren, grandmother had never met her grandchildren, and first attempted to establish a relationship with them after son had dies or at best after her son’s separation from children’s mother.
An essential part of inquiry into whether grandparent visitation is in the child’s best interest is whether a meaningful relationship exists between the petitioning grandparent and the child. Weis v. Riveria, 29 AD3D 812, 814 NYS2D 743 (2dn Dept. 2006)

Grandparents have standing to bring such proceeding where either or both the parents are deceased or where conditions exists which equity would see fit to intervene. In Weis, the Grandmother who sought visitation with the child, despite objection from the parents, established that she made sufficient effort to establish a relationship with grandchild.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

09/23/2021

Maintenance & Spousal Support

In New York spousal support, or maintenance, is defined as the payment of money from one spouse to another under a court order or written agreement for living expenses. The goal of maintenance is to provide support while the recipient spouse gains the necessary skills and employment to be self-sufficient. Our experienced attorneys at Barrocas, Mintz, Misuraca and Record: Family Law & Mediation will help you understand your rights and guide you on how spousal support may be awarded given your situation.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

09/19/2021

Fault Grounds for Divorce in New York

A spouse may seek a fault-based divorce in New York on any of the following grounds:
cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together (physical or mental abuse)
abandonment for at least one year
incarceration for at least three consecutive years after the marriage, or
adultery.
If a spouse seeks a divorce based on any of the fault grounds, he or she will have to prove to a judge that the other spouse actually committed the misconduct.
If egregious conduct can be proven, it can impact the amount and duration of spousal support that is awarded to the recipient spouse. If you are considering a fault-based divorce, you will want an experienced family law attorney to guide you, help you understand your options, and make the best recommendations for you and your family.
Our entire practice at Barrocas, Mintz, Misuraca, and Record: Family Law, Divorce & Mediation is dedicated to New York family law. We understand the facts that the court considers in finding fault, and we have the expertise to present a compelling case on your behalf, should we deem this to be the most effective course of action.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL 30
Garden City, New York 11530
Telephone: (516) 246-9790

09/04/2021

Divorce mediation is becoming an increasingly popular alternative to a traditional divorce. The way mediation works is that a trained neutral party facilitates and aids the spouses or domestic partners in coming to their own agreement, which settles the issues in their divorce.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

08/31/2021

Legal Custody

Legal custody refers to the ability of the parents to make major life decisions concerning the health, education and welfare of a minor child. Parents may have joint legal custody, or under some circumstances, one party may be awarded sole legal custody.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, LL 30
Garden City, New York 11530
Telephone: (516) 246-9790

08/29/2021

Separate Property vs. Marital Property

One of the first steps in any property division case is determining which assets are separate property and which are marital property. Generally, separate property was acquired prior to marriage. Marital property was acquired during marriage. This also applies in determining marital debt and marital assets. However, property, debt and asset division can be complex. For example, a home may have been purchased by one person prior to marriage, but during the marriage both people contributed to the mortgage.

Businesses

Businesses are also valued, normally with the assistance of forensic experts. In valuing a business, a determination as to whether the books, records and tax returns accurately reflect the income stream is essential. Oftentimes unreported cash is received and, more often than not, improper deductions are taken by the titled spouse which artificially reduces the profitability of the company and accordingly must be added back.

The most important work in a family law case regarding the valuation of assets and the determination of true income is in the discovery phase. The production of documents and depositions are essential to achieving the maximum result.

The property division experts at Barrocas, Mintz, Misuraca, and Record will ensure that you get the best property settlement available based on your specific case. We will work tirelessly to protect your personal property rights and do everything we can to see that you receive a fair share of the marital estate.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

08/23/2021

Benefits of Mediation

Fosters cooperation— Parents begin the process of cooperation, which is critical to raising well-adjusted, happy children after divorce.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790

08/22/2021

Sole Custody

One parent can have either sole legal custody or sole physical custody of a child. Courts generally will award sole physical custody to one parent if the other parent is deemed unfit -- for example, because of alcohol or drug dependency or charges of child abuse or neglect.

However, the courts are moving away from awarding sole custody to one parent and toward enlarging the role both parents play in their children's lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In these situations, the parents would make joint decisions about the child's upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have access under a parenting agreement or schedule.

It goes without saying that there may be animosity between you and your soon-to-be ex-spouse. But it's best not to seek sole custody unless the other parent truly causes direct harm to the children, or there are Order’s of Protection in place preventing the parties from communicating with one another. Even then, courts may still allow the other parent supervised visitation.

http://www.bmmrfamilylaw.com/
585 Stewart Avenue, Suite LL-30
Garden City, New York 11530
Telephone: (516) 246-9790