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Category Archives: Custody

BIG NEWS from the Highest Court of the State of New York – The Most Significant Case for Same-Sex Couples and Child Custody

Kelly Gunn (left) and Circe Hamilton PHOTO: New York Post, Julia Marsh, September 2, 2016 A recent ruling from the New York State Court of Appeals has determined that an unmarried partner that is the non-biological, non-adoptive partner in a same sex marriage can be entitled to parenting rights over a child raised in the… Read More »

What is Meant by the ‘Best Interests’ of a Child?

The general, overarching standard in all states for child custody is to come to a resolution that is in the “best interest of the child.” But this standard might seem rather subjective. Exactly what is meant by “best interest?” The following are a few factors that go into these decisions: The child’s age: There are… Read More »

What Rights to Custody Do Step Parents Have?

Although it is possible for stepparents to request custody or visitation of a children who are not biologically theirs, it can be a challenging process. There are some ways in which the law treats stepparents similarly to natural parents, as a step parent has likely played a significant role in the child’s life. In other… Read More »

Tips to Help You Prepare for a Child Custody Hearing

Child custody disputes most commonly go to court when parents are not able to reach an agreement that is in the child’s best interests. At one of these hearings, a judge reviews arguments from both sides — along with all available facts in the case — before determining what type of custody arrangement is best…. Read More »

Parental Kidnapping: Going Beyond a Mere Custody Dispute

Every so often, we hear about incidents in which parents violate their appointed custody or visitation rights by taking kids with them to another state. Technically, this is a form of kidnapping referred to as parental kidnapping, and it can result in serious criminal penalties for the offender. Courts treat parental kidnapping as a far… Read More »

Items You Must Include in Your Child Custody Arrangement

Every child custody agreement will have its own unique elements. But in general, there are certain items you will absolutely want to include in your own agreement. Here are a few of those most essential elements: Custody descriptors. You need to clearly outline who has both physical and legal custody of the children. Physical custody… Read More »

‘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 »

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