Criminality plays no small part in a civil proceeding, even if no criminal charges are made. The burden of proof is lessened in civil proceedings, and the within custody proceeding in the Bahamas is a civil proceeding. Remember how OJ Simpson was acquitted of murder in a criminal case but found to be responsible for wrongful death in the civil case? Witnesses abound that can testify that Howard K Stern may or may not have played a contributing role in the death of Anna and her son, and will hurt his parentage claim for Dannielynn.

There are three criminal investigations of the Anna Nicole Smith story; the first is conducted by the Seminole Indian police in Florida, the second is in the Bahamas on Daniel Smith and the third is focused on the doctor prescribing the methadone found in the bodies of the deceased Daniel Smith and Anna Nicole Smith. Parties vying for the rights of custody over Dannielynn who may have contributed to the death of Anna Nicole Smith or her son, will not likely be deemed a proper custodial parent in the Bahamas.

Witnesses gave damaging information as to Anna Nicole Smith. Dr. Joshua Perber, the medical examiner, has been a voice of reason. Now he states “I became aware of additional evidence" and this evidence is holding up the case. A relative of G. Ben Thompson, who owns the house where Anna Nicole Smith resided, turned over her computer to the Bahamas police. This may provide evidence as to whether the deaths will be classified suicide, homicide or accident. In an article written in the National Ledger on March 11, 2007 the body guard allegedly told police that "Howard K Stern acted strangely" and gave her medicines. There is no concrete evidence pointing to wrongdoing, but whether the person administering them knew they were participating in a negligent or illegal act is relevant in a custody proceeding and will likely be raised in the Bahamas.

In applying the civil law to potentially criminal acts, the fact that Howard Stern was present when Anna's other son Daniel died of an illegal mixture of drugs and was present around the death of Ms. Smith facts are relevant in the custody case in the Bahamas. The Court will have to hear the testimony and decide custody based upon credibility of witnesses. The video of Howard Stern allegedly taping Anna Smith in a drug induced state and saying it was "worth money" further shows little regard for her well being, and is probative as to whether Howard Stern lacks requisite judgment to parent Dannielynn. Add the insidious allegations of Larry Birkhead that Howard Stern brought drugs to Anna Nicole in a duffle bag in the hospital while she was pregnant and raises new custody questions. Forget about the criminal ramifications for a moment. In a civil matter it all comes down to the credibility of witnesses. If the Bahamas court believes Birkhead it can draw an inference that he may not be fit to parent, having possibly endangered the welfare of mother and baby Dannilynn.

Given ongoing criminal investigation into the death of Anna Nicole Smith and her son, Daniel Smith, the disposition of the criminal investigations will likely be conclusive on the custody issues before the Bahamas court on March 16, 2007.

As to further crimes, methadone is an illegal drug in the Bahamas for treatment of pain, which begs the larger question of possible illegal drug trafficking. Any person who participated lacks requisite judgment to raise a child. If the Bahamas Court believes Larry Birkhead's allegation that Howard Stern brought methadone into Anna Nicole Smith's hospital room, this raises an inference that he knew Anna was on methadone while pregnant, and shows poor judgment. Persons vying for custody over Dannielynn need to show judgment superior to that, and the stakes are high. The fate of Dannilynn, brought to the Bahamas under suspicious circumstances, is left in the hands of the Bahamian court.

Lisa Beth Older, Esq. is available for comment at 212-786-0901.

Sec. 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.

(a) When referred from the supreme court or county court to the family court, the family court has jurisdiction to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors.

(b) When initiated in the family court, the family court has jurisdiction to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors, including applications by a grandparent or grandparents for visitation or custody rights pursuant to section seventy-two or two hundred forty of the domestic relations law.

(c) When initiated in the family court pursuant to a petition under part eight of article ten of this act or section three hundred fifty-eight-a of the social services law, the family court has jurisdiction to enforce or modify orders or judgments of the supreme court relating to the visitation of minors in foster care, notwithstanding any limitation contained in subdivision (b) of section four hundred sixty-seven of this act.

(d) With respect to applications by a grandparent or grandparents for visitation or custody rights, made pursuant to section seventy-two or two hundred forty of the domestic relations law, with a child remanded or placed in the care of a person, official, agency or institution pursuant to the provisions of article ten of this act, the applicant, in such manner as the court shall prescribe, shall serve a copy of the application upon the social services official having care and custody of such child, and the child`s law guardian, who shall be afforded an opportunity to be heard thereon.

S 651-a. Reports of child abuse and maltreatment; admissibility. In any proceeding brought pursuant to this section to determine the custody or visitation of minors, a report made to the statewide central register of child abuse and maltreatment, pursuant to title six of article six of the social services law, or a portion thereof, which is otherwise admissible as a business record pursuant to rule forty-five hundred eighteen of the civil practice law and rules shall not be admissible in evidence, notwithstanding such rule, unless an investigation of such report conducted pursuant to title six of article six of the social services law has determined that there is some credible evidence of the alleged abuse or maltreatment, that the subject of the report has been notified that the report is indicated. In addition, if such report has been reviewed by the state commissioner of social services or his designee and has been determined to be unfounded, it shall not be admissible in evidence. If such report has been so reviewed and has been amended to delete any finding, each such deleted finding shall not be admissible. If the state commissioner of social services or his designee has amended the report to add any new finding, each such new finding, together with any portion of the original report not deleted by the commissioner or his designee, shall be admissible if it meets the other requirements of this section and is otherwise admissible as a business record. If such a report, or portion thereof, is admissible in evidence but is uncorroborated, it shall not be sufficient to make a fact finding of abuse or maltreatment in such proceeding. Any other evidence tending to support the reliability of such report shall be sufficient corroboration.

S 652. Jurisdiction over applications to fix custody in matrimonial actions on referral from supreme court.

(a) When referred from the supreme court to the family court, the family court has jurisdiction to determine, with the same powers possessed by the supreme court, applications to fix temporary or permanent custody and applications to modify judgments and orders of custody or visitation in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage. Applications to modify judgments and orders of custody may be granted by the family court under this section only upon the showing to the family court that there has been a subsequent change of circumstances and that modification is required.

(b) In the event no such referral has been made and unless the supreme court provides in the order or judgment awarding custody or visitation in an action for divorce, separation or annulment, that it may be enforced or modified only in the supreme court, the family court may:

• determine an application to enforce the order or judgment awarding custody or visitation, or
• determine an application to modify the order or judgment awarding custody or visitation upon a showing that there has been a subsequent change of circumstances and modification is required.

(c) In any determination of an application pursuant to this section, the family court shall have jurisdiction to determine such applications, in accordance with subdivision one of section two hundred forty of the domestic relations law, with the same powers possessed by the supreme court, and the family court`s disposition of any such application is an order of the family court appealable only under article eleven of this act.

S 653. Rules of court. Rules of court, not inconsistent with any law, may authorize the probation service to interview such persons and obtain such data as will aid the court in determining a habeas corpus or custody proceeding under section six hundred fifty-one.

S 655. Temporary order of protection.

(a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection which may contain any of the provisions authorized on the making of an order of protection under section six hundred fifty-six of this article.

(b) A temporary order of protection is not a finding of wrongdoing.

(c) The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant directing that the respondent be arrested and brought before the court pursuant to section six hundred seventy-one of this article.

(d) The court shall not require anyone seeking a temporary order of protection under this section to first request that child protective services investigate the allegations or to first request permission to file a petition under article ten of this act. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless whether such persons have been married or have lived together at any time.

S 656. Order of protection. The court may make an order of protection and an order of probation in assistance or as a condition of any other order made under this part. The order of protection may set forth reasonable conditions of behavior to be observed for a specific time by any petitioner or any respondent, and shall specify if an order of probation is in effect. No order of protection may direct any party to observe conditions of behavior unless the party requesting the order of protection has served and filed a petition or counter-claim in accordance with section one hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the other spouse or parent, or the child, and to stay away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this act, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

(f) to participate in an educational program and to pay the costs thereof if the person has the means to do so, provided however that nothing contained herein shall be deemed to require payment of the costs of any such program by the state or any political subdivision thereof;

(g) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;

(h) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced.

(i) to observe such other conditions as are necessary to further the purposes of protection. The court shall not require anyone seeking an order of protection under this section to first request that child protective services investigate the allegations or to first request permission to file a petition under article ten of this act. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless whether such persons have been married or have lived together at any time.

Even if you and your spouse have come up with a workable agreement if the court does not agree it is the best interests of the children they will not rubber stamp your New York custody lawyer agreement.

Case law supports the notion that agreements are only one out of several factors in determining New York custody law, New York child support, New York spousal support and the like. You may visit us on line at http://www.divorceproducts.com for more information on divorce law nick divorce information.

When you go to New York City Family Court attend with the best New York divorce lawyer New York custody lawyer New York support lawyer or New York City divorce lawyer, or New York family court lawyer. A new york family lawyer will know how to get you the best result base upon new york family law, how to present your family court case in the best possible light.

1) Pre-Nuptial Agreement: those that are written up before the marriage and hopefully reviewed by each part’s independent new york divorce attorney or new your personal new york divorce lawyer or Manhattan divorce lawyer in NYC before entering the marriage. Do this months before the marriage so that neither of the parties can be accused of rushing the other and overreaching as that could be one of the contributing cause for a court to set it aside.

2) Post-Nuptial Agreement: these agreements are also called a nuptial agreements. If you are the nonmonied spouse be careful before signing one until you see an experienced or high profile new york divorce lawyer.

3) Separation Agreement: This agreement is made by both parties to settle the New York separation and divorce issues of property distributions, custody and child support. You can also go to mediation to get a New York matrimonial lawyer or New York City separation lawyer to help you mediation and arrive at separation agreements in New York. New York Family Court lawyers can help you settle issues of custody and child support in NY family court. All agreements can not be based on fraud or duress and must not shock the conscience of any court.

The provisions you need in all agreements are settlement of division of all sorts of property such as custody issues and New York support issues and nys support issues. There are many ways you can accomplish your goals in an enlightened way. We try to keep you up to date on all aspect of New York City law changes, trends, and New York Law in general. So speak to a New York lawyer on divorce law of your choice and focus on information on New York state divorce law.