New York Noncustodial Father Rights

Since the beginning of the "tender years doctrine" in the mid 1850's, courts in New York demonstrated a strong preference for awarding custody of children to their mother. Also, obstruction of a noncustodial parent's relationship a child often leads to a change in custody, but this change is not guaranteed. New York courts seem to consider any attempt to change current custodial arrangements as a detriment to children, which has a chilling effect on noncustodial fathers. But, a motion to modify, filed by a noncustodial parent, does not automatically insure loss of visitation rights.

Disregarding New York noncustodial father rights

In Walden v. Walden, 112 A.D.2d 1035, 492 N.Y.S.2d 827 (1987), the marriage produced two children who were both minors during the divorce proceeding. The natural parents agreed and requested that the court award sole custody of the daughter to the mother, and sole custody of the son to the father. Afterward, the father filed a motion to modify and requested a change of their custody agreement, a specifically, requested custody of the daughter for himself. In response, the mother filed an answer and cross-motion requesting custody of both children for herself. The trial court granted all relief requested by the mother. The appellate court affirmed.

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.

Frequently, the enactment or modernization of New York State statutory law affects procedural rules followed by New York Bankruptcy Courts. In particular, changes in procedural requirements and record keeping may alter how assets are classified and liabilities may be discharged. A few of these changes recently include:

• Amendments reducing state tax liability for New York stock exchange companies in bankruptcy selectively reduce liability based upon a third party, private designation of standing.
• In the New York State Chapter 7 bankruptcy form, the US Bankruptcy Court, Albany NY read New York State bankruptcy laws to permit a Local Rule that allows New York City corporate bankruptcy attorneys to request advance payment of attorney fees, ahead of distribution of assets to creditors.
• In New York State Chapter 7 bankruptcy, download form instructions seem to suggest that bankruptcy in New York and gambling debts that are scheduled, may be discharged if proved to the courts satisfaction based on admissible evidence.
• For free bankruptcy information, New York bankruptcy services, New York legal aid foundations, and other charitable organizations offer free legal advice that may not be considered as income for determination of disposable income chapter 13 wage earner plans.

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