In child custody cases, the parent who makes less money than the other might believe they are at a disadvantage. When evaluating what is in a young person’s best interests, a judge could favor the parent who has a fancier home in a better neighborhood. However, it’s important to remember that New York custody decisions… Read More »
For many years, New York was behind the times when it came to recognizing the nontraditional ways in which people have children. The practice of paid surrogacy was banned. But on February 15, 2021, landmark legislation went into effect that allows couples and individuals to have a child by a surrogate they legally hire for… Read More »
A parent who is granted full custody has the authority to make all major decisions regarding the child without consulting the other parent, an authority known as sole legal custody. That parent will also have sole physical custody, in that the child will live with them full time. It is rare for a parent to… Read More »
While there are plenty of divorced parents around the United States that manage to successfully co-parent with each other, there are also plenty of examples of parents who simply cannot get along and constantly find themselves in custody and visitation battles. If you are the visiting parent, you have a court-appointed right to see your… Read More »
You and your spouse can create your own child custody and visitation schedule during the divorce process, or work with an attorney. This will help you stay out of the court and avoid having a judge make custody-related decisions on your behalf. The following are a few tips to keep in mind that will help… Read More »
Fighting to hold on to your rights to custody of your children can be a complex process, but it will become even more difficult if you’re facing charges of driving under the influence (DUI). Alcohol- or drug-related charges will reflect very poorly on you in divorce court. In fact, alcohol abuse is an issue that… Read More »
Even in an area of law as well fleshed out as divorce law, there are always cases around the country that open up new legal questions that could influence cases in other states. Consider one recent case in Arizona, in which a controversial new law that went into effect on July 1 would require courts… Read More »
A recent report in the Washington Post indicates that more than 20 states contemplated implementing shared custody laws in 2017. Collaborative co-parenting agreements have become popular among divorcing couples over the last two decades, ending what had once been the typical “every other weekend dad” arrangement. State lawmakers are more frequently considering writing these types… Read More »
As you work through your divorce settlement, it’s understandable if most of your focus gets placed on child support and custody arrangements, alimony and major assets like houses, cars and retirement accounts. However, as you negotiate your settlement, make sure you are considering all your assets. There are a few that often go unconsidered in… Read More »
Except in extreme circumstances, all parents have the right to visitation with their children if the other parent has sole custody. These visits could last just a few hours or for overnight stays here and there. The expectation is that the visiting parent will abide by all the rules listed in the visitation agreement and… Read More »