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Category Archives: Custody

‘Birdnesting’ Gains Popularity Among Divorced Couples

A recent feature story in the New York Post outlines a practice that is gaining popularity among some divorced couples in New York and New Jersey — and is likely to spread to other areas in the country. It’s called “birdnesting,” an arrangement in which the children stay in one home and it’s the adults… Read More »

When Is Parental Kidnapping Legal?

Parental kidnapping can involve snatching a child and fleeing the country with the intention never to return, deliberately failing to return a child on time to a custodial parent, and everything in between. Parental kidnapping is the deliberate violation of a custody order. It need not involve violence, threats or even removal of the child… Read More »

What Is a Law Guardian?

In deciding all divorce issues affecting your children, the family court applies a single, all-important standard: “the best interests of the child.” But how does the court know what is in your child’s best interest? In tough custody battles, parents often have conflicting notions of what’s best for their child. They present the court with… Read More »

How Can I Protect My Child Against My Ex Fleeing the Country?

If your ex is a foreign national who now has joint custody or visitation with your child, you may have serious concerns that he or she could flee the country with your child. Once that happens, recovering your child is a complex and expensive process. You get little help from the U.S. State Department, and… Read More »

Understanding Your Children’s Legal Rights

Minor children under the age of 18 years old are afforded certain rights to protect their best interests as they grow up. It is important that divorcing parents understand the legal rights of their children so that they can report any violations to their attorney or local authorities. The following are several key legal rights… Read More »

Getting Support When a Child is Abducted by a Parent

In certain situations, parents may try to regain control of child custody situations by suddenly moving with their children across state lines. These parents are typically hoping that the new state will rule in their favor — although federal law makes it a crime to relocate children without the knowledge of all parents and guardians…. Read More »

The Effects of Relocation on Child Custody

When a former spouse or partner wants to relocate with your children, it can have a significant effect on your entire family. No matter the reason for the move, divorced parents must follow certain guidelines set forth by the state and through the couple’s divorce agreement. Providing notice Custodial parents cannot relocate with children without… Read More »

What to Do When Visitation Rights are Violated

Visitation terms are included in divorce settlements so that noncustodial parents have a legal right to spend time with their children. It is important to know that visitation terms are court orders that must be upheld. If your visitation rights are being violated, consider the following suggestions: Keep track: Maintain a written account of each… Read More »

Unique Factors that Influence Military Divorces

Divorce poses unique considerations for the 1.1 million active duty American soldiers and their families. When a military couple decides to divorce, certain factors come into play that civilian couples may not have to think about. In fact, numerous aspects of a military couple’s divorce may be influenced by the spouse’s military service. Child support… Read More »

Does a 14 Year-Old Child’s Opinion Matter in a Custody Battle?

Supreme Court as well as the Family Court in the State of New York gives great deference and weight to the opinion of children. As the children age, their opinion is given more weight. Most often any child over the age of 5 is given an attorney by the Court (Attorney for the Child “AFC”)…. Read More »

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