Category Archives: Family Law

Are Children Required to Comply with New York Visitation Orders?

Going through a New York divorce or couple split is often very difficult for all of the parties involved, including any children of the divorcing couple. Children are often unwitting parties to the entire process, yet their lives can change significantly as a result. It is not uncommon for children to resist the fact that their parents are getting divorced or separated. Consequently, they may take one parent’s side over the other. When it comes to a New York family law court’s custody orders, however, children are obligated to follow the visitation or parenting time arrangement set forth by the court. While a judge will listen to a child’s wishes in regards to visitation, ultimately the court will consider factors other than the child’s expressed preferences when determining whether visitation with the non-custodial spouse is appropriate. If the court determines that the non-custodial spouse has parenting time or visitation rights, then the child must….. To continue reading this legal news please click Read full information...

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To heir is human: Adult adoption hits the headlines (Long Island Business News)

From Anna Nicole Smith to a complicated claim on the IBM fortune, adult adoptions have suddenly leapt onto the home page... To continue reading this legal news please click Read full information...

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US White Supremacy Group Forfeits Bequest in Canadian Will: Racism Trumps Testamentary Freedom

In an intriguing case from New Brunswick the Court held that a bequest in Robert McCorkill’s will to an American Neo-Nazi group would be declared void as against public policy because of the racist views of the organization, a decision endorsed by the Supreme Court of Canada, as evidenced by their refusal to grant leave to appeal. (Canadian Association for Free Expression v. Fred Gene Streed, Executor of the Estate of Harry Robert McCorkill (a.k.a. McCorkell), deceased, et al., 2016 CanLII 34017 SCC) National Alliance, a white supremacy group in West Virginia, was gifted a collection of valuable coins from ancient Rome and Greece, an antique Iranian sword, and other artifacts and investments said to be worth a minimum of $250,000 and as much as $1 million dollars. Robert McCorkill, who died in 2004 in New Brunswick, lived primarily in Saskatchewan and Ontario during his lifetime. He was a geologist and a professor at Carleton University in Ottawa, who had spent time at….. To continue reading this legal news please click Read full information...

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Having Kids Later in Life? Here’s What You Should Consider When Planning Your Estate

More people are choosing to have children later on in life. No matter what stage of life you have a child in, they can bring an abundance of joy and fulfillment—and financial challenges! While all parents work hard to ensure their children are provided for both during and after their lives, older parents are faced with some unique estate planning and retirement decisions.Make Sure You Have an Estate Plan.This may seem obvious, and while you have probably heard it dozens of times it cannot be said often enough: make sure you have consulted with an attorney, developed, and executed your estate plan! In addition to minimizing the emotional and relationship-destroying havoc that often follows the death of a family member who does not have a will, an estate plan allows you to identify a guardian to care for your children. Because you are an older parent, it is more likely that you will pass away earlier on into your child’s life. Should the worst happen, an estate plan….. To continue reading this legal news please click Read full information...

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My spouse will be honest about our assets

Michael Busby Even if you’ve decided to settle the terms of your divorce with regard to division of property, you should still consider the possibility the assets listed may not be all of the assets at stake. Don’t fall prey to this myth… My spouse will be honest about our assets. When one spouse knows they will be filing for divorce, they often begin hiding away assets in accounts of their own. They do this far in advance of filing for divorce during a time when you would not expect them to be taking such covert actions. One mistake to avoid during a divorce is to assume that your spouse has accurately reported all the assets they control. In order to find the other assets, you will need to do some sleuthing. You should also keep in mind that they have likely set up a decoy account to make you feel like you have “found the treasure” when the larger nest egg is really hidden somewhere else.   Here are four tips for finding hidden assets: Look….. To continue reading this legal news please click Read full information...

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