Parents of minor children have numerous options when it comes to creating a child custody and visitation framework. However, finding the right solution can be stressful and confusing. Terms describing different types of arrangements can sound similar. For example, “joint custody” and “joint shared parenting” are not synonymous. Understanding the distinction between these terms and… Read More »
New York family courts apply state guidelines in deciding the amount of child support parents must pay after a divorce. These guidelines take into account parental income and the number of children for whom financial support is required. But in many cases, parents may wish to depart from the state guidelines and create an agreement… Read More »
Parents disagree, often vehemently, on many aspects of how a child should be raised, from what church or school the child should attend to what sports they should play. But such issues, as important as they may be, pale in comparison to a child’s gender. What happens when parents have opposing views on how a… Read More »
In a divorce involving children, parenting issues can stir a bitter custody battle. Our firm has litigated and won thousands of custody matters for our clients, and we know the importance of gaining, exercising and understanding parenting rights. In New York, two fundamental types of custody must be agreed upon by parents or decided by… Read More »
Rotating spheres of influence are usually done when there is joint decision making but the parents can’t decide equally on all decisions, because one parent has specific specialty or knowledge or interest in an area of decisions. For example, since the commencement of a divorce, one party has a specific religious zeal or passion that… Read More »
Judges have stated, privately, that when it comes to custody disputes it is often difficult for them to really make decisions since they do not “live with the parties.” Their decisions are based on the testimony of the parties; character witnesses; witnesses that have been present during certain occurrences; together with opinions of experts, the… Read More »
When you were married, you and your spouse likely shared in many childrearing decisions. Divorce complicates this parental arrangement. Parents are unlikely to discuss their children’s faltering grades or brilliant oboe performances over a leisurely family dinner or a Sunday drive to the hardware store. In fact, ex-spouses may prefer as little contact as possible…. Read More »
In the past, many jurisdictions in the United States relied upon the tender years doctrine in child custody cases. This doctrine essentially created a presumption in favor of the mother in custody disputes involving children under a certain age. Most states, including New York, have departed from this doctrine as an officially recognized principle of… Read More »