New York Divorce Report - New York's Divorce and Family Law Blog

I was asked the following question on the Law Guru website My wife and I are having problems. We are proposing a temp. separation. Things are getting heated, with demands and threats... ''If I don't do as she wishes or says'' she will call 911. I avoid her as much as possible, most of the threats are over the phone. We also have a 5yo child. I don't know what to do. Do I move out per her demands and face abandonment, do I call 911 first??  If your spouse commits or even threatens to commit an act of violence... More

Every once in awhile, there is a reported case where one parent’s interference with the rights of the other parent, results in the interfering parent’s loss of custody. I have written about this problem before. Nikolic v. Ingrassia presents another such case where unfounded claims of abuse  by one parent resulted in a loss of  custody.   In Nickolic, the Appellate Division affirmed a lower court’s finding that: . . . .the mother had interfered with the father's visitation rights by demonstrating a "relentless determination . . . to have the father characterized as an abuser" and thereby preclude... More