Father's Rights, New York State Law

Proponents of father's rights demand that children need fathers, as evidenced by the growth of juvenile crime in lock step with single parent homes. Rather than becoming an occasional visitor, father genuinely desire to remain a part of their children's lives on a meaning level. In addressing father's rights, New York State law evolves slowly, and courts continue to cling to the "tender years doctrine" which is used as a justification for assuming all children require mature and support of a mother as a first priority.

Interpreting Father's Rights, New York State Law

Perhaps inadvertently, or perhaps intentionally, the Tender Years Doctrine nevertheless carries over into teenage years when desire for nature may be overshadowed by a necessity of guidance. New YorkState Laws however tend to support denial of non-custodial parent requests for modification of visitation rights. In practice, even when visitation is determined by agreement, a subsequent motion to modify frequently results in not more, but t less visitation for fathers.

The US Bankruptcy Code generously incorporates New York State statutory laws into the administration of Chapter 7 liquidation, Chapter 13 plans, and Chapter 11 reorganization cases. The application of State Law in Federal Court is essential for resolving legal issues pertaining to the ownership of property, debtor and creditor rights, employment law and employee rights, enforcement of judgments, determinations of liability, family obligations, and many more individual rights when dealing with large corporations. Each year, as the State Legislature in Albany enacts new statutes, or amends existing statutes, the ripple effect impacts all New York citizens' rights in Federal Bankruptcy Court.

Changes in New York State statutory law alter case administration in bankruptcy and the determination of assets subject to forfeiture and dischargeability of debts. Notice the following recent changes in bankruptcy procedures:

• After a bankruptcy filing, NY Sate laws prohibit all employers from discriminating against debtors based solely upon filing bankruptcy. In NY, Hudson Valley NY attorneys recently enforced this provision.
• The New York State Eastern District Bankruptcy Court recently schedule amendments for debtors in bankruptcy, in New York creditors rights claims, to access New York State public records for bankruptcy for inclusion in the claim. Similarly, a bankruptcy in Auburn NY denied the same request.
• New York State bankruptcy and evictions seem to go hand in hand. The NYbankruptcy court Chapter 13 Clerk, employed by the trustee, recently filed a motion in support of lifting the automatic stay less than 5 days after the petition was filed.

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