THE DIVORCE AND FAMILY LAW ATTORNEYS OF THE LAW OFFICE OF RUSSELL I. MARNELL, P.C. CONCENTRATE THEIR PRACTICE IN COMPLEX DIVORCE, CUSTODY AND ALL AREAS OF FAMILY LAW THROUGHOUT  NASSAU COUNTY, SUFFOLK COUNTY AND THE LONG ISLAND AND NEW YORK METRO AREAS.
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Law and 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.

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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.

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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.

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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.

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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.

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As no two people are alike, neither are any two families, or legal matters involving family situations. Financial implications vary. The degree of psychological and emotional trauma may differ. There may be other legal issues and personal ramifications to be considered. Since 1985, the Law Offices of Russell I. Marnell, P.C. has realized this. Concentrating on complex divorce and family law, our firm has litigated many cases to Court decision, including those involving orders of protection, child abuse and neglect.

 
 

Most experienced matrimonial attorneys charge a consultation fee. The primary reason we charge a consultation fee is to prevent your spouse from "attorney shopping" i.e. if your spouse were to meet with several top attorneys, you would be precluded from retaining any of the attorneys yourself. This tactic is called "poisoning the well."

Consultations typically last one to two hours during which you will receive our undivided attention.

 
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