New York's "Spend Time with Your Child" Campaign - Thanks, Mike!

You might have seen those "Spend Time with Your Child" posters on the subway. With all the problems NYC is facing, it is curious that they picked the theme "Spend Time with Your Child" in its new campaign.

But the city's money is not entirely wasted, as the ads did a good job on me - when I'm on the train and look at those ads, they make me wish that I was home playing with my kids instead of having to ride the train.

Thank, Mike!

Giving Up Parental Rights, Anyone?

A couple of people asked me this: "can I give up my parental rights?"

No.

To clear things up - child support is not a right. It's a duty. So can't give it up.

(But what you could do is go to court and reduce the child support amount)

No Forced Abortions in America

No, you can't hire me to force your lover to have an abortion.

It takes two to conceive a child, but only the woman can decide whether the child stays. Someone called me recently, and wanted to retain me to force his lover to have an abortion. I must concede, it does make sense a little bit - it's kind of his fetus too, so why can't he decide whether it stays.

My guess is, he didn't think it through. If women were forced to have abortions, the consequences would be very strange, women given a court order to have an abortion, and then dragged by the police to the hospital to have a forced abortion if they didn't comply with the order.

Although I think in China, they do have forced abortions. Oh, and according to this site, in Virginia - http://www.lifesitenews.com/ldn/2004/mar/04030910.html.

The Child Support Flux

Child support has a unique legal status - while most court decisions are final and binding, child support can be modified by the court at the request of one of the parties. While this might present a compelling philosophical dilemma about the ever changing nature of child support, it does pose a practical nightmare - if the parties' circumstances change frequently, and the parties are willing to constantly keep arguing over it, the result is a myriad of decisions, each setting different child support sums and terms.

The erudite reader will probably suggest to just look at the latest judgment. But in reality, the latest judgment might miss some information that the previous judgments had, making it a nightmare to decipher the factors that determine the ultimate amount of child support. in addition, previous decisions may be better reasoned, or even simply be better for your client.

The bottom line - just like any other dynamic number, the amount of child support is difficult to determine, and even when you determine the right amount, and everyone agrees, the parties circumstances may change, and the game starts all over again.

Religious Marriage not Registered with the City is not Valid in NY?

I have been asked a number of times whether a religious marriage that was not registered with the city is considered a valid marriage. This question comes up for inheritance and divorce reasons. The question also comes up in wrongful death cases - when one spouse wants to sue the person or organization that he or she believes to be responsible for the other spouse's death.

The law is that the state of New York does not recognize common law marriages. The case law, statutes, and treatises that I have researched seem to suggest that a religious marriage is not valid according to New York law without being registered with the city. I believe that to be the law - in the unlikely event that someone convinces me otherwise, I will change this post.

The moral of the story? If getting married by a religious ceremony (kesuban, hupah, etc.), make sure to register with the city - who knows what might happen later in life.

Foreign Workers: better to immigrate or to visit?

Many of those who want to work in the United States are faced with a dilemma - should I apply as an immigrant or as a visitor? Here is the breakdown:
The advantages of immigrating is that you get to stay in the country for the rest of your life; but the disadvantage is that because of numerical limitations, it is harder to immigrate then to visit.
Advantages of being a visitor: you get to the United States faster, and there is more of a change the USCIS will let you in. However, visitors are required to eventually go back to their home country.

Blocked Windows in Co-op or Condo

This issue recently came up - when buying a house, condo, etc. with an empty space of land next to it, does the guy who owns the ajacent land have the right to block your windows?
Simple answer - he can build whatever he wants on his land. So anyone can block your windows - you don't have the right to light, air, etc. Pretty scary.

P.S. to the best of my knowledge, there are no zoning laws against blocking neighbors' windows.