Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | April 14, 2021
Where a child has disclosed abuse, the child needs immediate protection and the court is place to go, because unlike Child Protective Services, the court has the power to stop contact between a child and a parent. To succeed with an emergent appeal, however, one must understand the high standards to prevail. In their Family Law column, Toby Kleinman and Daniel Pollack examine the issues involved with these appeals.
New York Law Journal | Analysis
By Daniel H. Stock | April 13, 2021
Courts have turned a blind eye to the gravamen of the rule articulated by DRL §237 as amended, which is that counsel fees should be awarded to the lesser-monied spouse at an early stage of the litigation.
New York Law Journal | Analysis
By BriAnne Copp, Marla Neufeld and Arthur D. Ettinger | April 12, 2021
The CPSA has brought the offerings of New York law in line with the offerings of New York's medical and fertility community. But where do we go from here?
New York Law Journal | Analysis
By Alan R. Feigenbaum | April 7, 2021
A severe physical injury presents a relatively straightforward example of what might bring about a cognizable claim of extreme hardship.The 'Palmer' decision examines a more nuanced example of what might constitute extreme hardship—the deteriorating status of the payor's mental health.
New York Law Journal | Analysis
By Merril Sobie | April 5, 2021
The AFC's responsibilities have evolved from an amorphous hybrid guardian approach to the now commonly accepted attorney-client model, with the logical and needed exception of the very young.
New York Law Journal | Analysis
By Daniel Pollack | March 31, 2021
Videotaping a CPS worker taking pictures of a child may depend on several factors.
By Jane Wester | March 10, 2021
A NYCBA working group found that some Family Court parts are still left without judicial officers for long periods of time because of delays in appointing or replacing judges.
New York Law Journal | Analysis
By Joel R. Brandes | March 5, 2021
Recently, the Chief Administrative Judge of New York promulgated numerous amendments and additions to the Uniform Rules, which became effective on Feb. 1, 2021. In this edition of his Law and the Family column, Joel R. Brandes discusses several of the new Uniform Rules, which are in addition to or compliment the matrimonial rules.
By Alan R. Feigenbaum | March 5, 2021
Under law, the non-monied spouse is presumptively entitled to an award of interim counsel fees to be on equal footing with the monied spouse when seeking, inter alia, his or her equitable share of the marital estate. Does the judicial power to fashion an equitable distribution award after trial that potentially hamstrings the non-monied spouse for receiving that very award before trial create a Catch-22 for the non-monied spouse? The answer is not cut and dried.
New York Law Journal | Analysis
By Sofya Uvaydov, Timothy Capowski and Jennifer Graw | March 5, 2021
For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.
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