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Category Archives: Custody

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 »

New Joint Parenting: For Love Not Money

Fifty – fifty custody. Why doesn’t it make dollars and cents? The trends towards joint shared parenting are spiking. Since 1994 we have seen 20 years worth of increased fathers right’s and a push towards joint-shared parenting. In fact, Westchester, Yonkers, and some of Manhattan now pre-suppose that there will be joint shared parenting as… Read More »

Special Considerations for Child Support, Custody between Unmarried Parents

Unmarried parents who end a relationship may be faced with certain challenges that do not apply to married couples. If you are an unmarried father, it is important to know the rules surrounding child support and custody so that you can effectively protect your rights. When a child is born to unmarried parents, the state… 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 Does the ‘Best Interest’ Standard Mean for New York Parents?

If you and your spouse have children and are going through a divorce, it is important to know about the “best interests” standard and how it will impact your proceedings. When parents cannot agree on child custody terms, a court may have to use the best interest standard to determine which parent receives primary custody…. Read More »

What You Should Know About Child Visitation Rights

When a couple going through a divorce has children, a family law court may need to get involved in decisions regarding child custody and child visitation rights. In a divorce, these two issues are typically determined at the same time. In some divorce proceedings, it is determined that it is in the child’s best interest… Read More »

Complexities of Child Custody Involving Unmarried Parents

When unmarried parents end their relationship, they must go through many of the same motions to establish custody as legally married parents. Nevertheless, there can be certain complexities that apply when establishing custodial rights of unmarried parents. Importance of establishing paternity Unlike their married counterparts, when an unmarried couple has a child paternity is not… Read More »

Handling Violations of Child Custody and Visitation

Child custody and visitation orders are legally binding arrangements that all parties must adhere to now and in the years to come. However, in some circumstances, a parent or relative may break the agreement by illegally visiting or keeping a child for an unpermitted amount of time. If this situation occurs, it is helpful to… Read More »

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