Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Joel R. Brandes | November 7, 2019
This article discusses the standards of review applied by the Appellate Division in appeals from matrimonial judgments and orders.
New York Law Journal | Analysis
By Timothy M. Tippins | November 5, 2019
In his Matrimonial Practice column, Timothy M. Tippins explores the question of whether the subjective, nonscientific judgment of evaluators, predicated upon their years of experience, is a legitimate basis for their opinions.
New York Law Journal | Analysis
By Raymond Radigan and John G. Farinacci | November 1, 2019
In their Trusts and Estate Law column, C. Raymond Radigan and John G. Farinacci conclude a series of articles about contested probate proceedings in the Surrogate's Court by focusing on the trial and pre-trial considerations.
By Dan M. Clark | October 21, 2019
While the hearing isn't intended to focus on just one issue involving children in the state's court system, Dinowitz said he's particularly interested in how forensic evaluators are used in family matters.
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | October 21, 2019
Courts are known for their many rules and regulations. While there are times a family court judge may properly make exceptions to the rules, too many exceptions, or exceptions contrary to accepted science, may reduce transparency and accountability, may undermine predictability, and may not be in the interest of justice. What can attorneys do?
New York Law Journal | Analysis
By Joel R. Brandes | October 18, 2019
There is a substantial difference between fundamental error and harmless error. An attorney considering an appeal must consider this distinction when advising a client whether or not to take an appeal from an adverse order or judgment.
By Jason Grant | October 16, 2019
In its ruling pertaining to the new child, an Appellate Division, First Department panel further pointed out that "none of the [five] siblings who are the subjects of those [2016] findings have been returned to respondent's [the mother's] care."
New York Law Journal | Analysis
By Peter E. Bronstein | October 11, 2019
This article analyzes the decision in 'Cotton v. Roedelbronn', in which the First Department unanimously affirmed a distributive award to the wife of 10 percent of the largest marital asset: a business interest that was actively managed by the husband. The case underscores the role of contribution in the equitable distribution of business assets and establishes a new factor for courts to weigh, namely the participation of the non-titled spouse in a "restrained lifestyle."
By Jason Grant | October 4, 2019
"A nonparent relative takes no precedence for custody over the adoptive parents selected by an authorized agency," wrote an Appellate Division, Second Department panel, quoting "Matter of Ella J. v. Iva J.," in its unanimous opinion.
New York Law Journal | Analysis
By Joel R. Brandes | September 19, 2019
In 'Brackeen v. Bernhardt', decided on Aug. 9, 2019, the U.S. Court of Appeals for the Fifth Circuit held that the Indian Child Welfare Act was constitutional. We applaud the Fifth Circuit for upholding this federal law that is vital to safeguarding the welfare of Indian children.
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