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Dads Gaining Ground in Parental Rights Issues

Published on February 11, 2007
Author: CHARITY VOGEL - News Staff Reporter ? The Buffalo News Inc.

"I think fathers can get a fair shot now," said Amherst attorney Gerard R. Roux II, who has specialized in representing fathers in custody cases since 1995. The historical pattern was typically to award custody of minor kids to mothers, Roux said, because they were presumed to be primary caregivers of children while fathers were the breadwinners. Now, that view of divided parenthood is changing, he said. "Now dads are starting to get custody more and more," said Roux. "Dads have an opportunity to get custody, especially if they can show they've been an involved parent."

  The Matter of Marijka E. L. v. William W. L.; Appellate Division of the 4th Dept. (2006)

"However, respondent also filed objections on the same date to an order dated July 7, 2004 and entered July 23, 2004, finding him in willful violation of the undated order and referring to the undated order as the order "dated March 4, 2004." The court failed to review those objections (see Family Ct Act ? 439 [e]), which, inter alia, challenge the jurisdiction of the court to find him in willful violation of the undated order that allegedly had not been entered or served upon him, and challenge whether the court had personal jurisdiction over him. We therefore hold the case, reserve decision and remit the matter to Family Court to determine respondent's objections to the order dated July 7, 2004."

  Bryan Borsching v. Diane Barry and Diane Barry v. Bryan Borsching; Livingston County Family Court (2006)

An August 2005 stipulation is corrected retroactively after Hearing, Objections and Motion to Reargue/Reopen to eliminate daycare and correct the record in December 2006.

  The Matter of Catherine Manocchio v. Vittoriano Manocchio; Appellate Division of the 4th Dept. (2005)

"We agree with the Respondent, however, that the court erred in ordering that the payments for educational expenses be retroactive to the date the child began attending college"

Gerard R. Roux II
Attorney at Law
Temporary contact information during relocation/construction.
P.O. Box 393, Transit Road
East Amherst, New York 14051
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