Many divorces stall over the question of which spouse should get the marital home. If parties with minor children cannot reach a settlement, a judge is often more likely to award the marital home to the spouse who receives primary physical custody. This allows young people to stay in the same school and maintain a consistent daily routine during a…
There are numerous reasons why a mother might choose to nurse her infant son or daughter. Scientific studies have shown that breast milk offers several potential health and developmental benefits. Many mothers cherish the closeness with their baby and breastfeeding can also help families avoid the high cost of baby formula. Though the decision to nurse or not is usually…
Throughout the country, states use the “best interests of the child” standard when making decisions regarding custody and visitation. During these reviews, judges can use any information they feel is relevant, but New York law has established several specific factors to be considered. Some of these factors seem fairly obvious, such as whether a parent has a history of substance…
When parents with minor children get divorced, there might be differing opinions about how to handle custody and visitation arrangements. Sometimes, the parties cannot bridge the gap between them, so the issue must be resolved in court. During litigation, outsiders such as custody evaluators could be brought in to provide their view. But what about the children themselves? What effect…
Custody issues involving an out-of-state parent can be very complicated. In some cases, rules designed to protect young people can hinder a parent’s ability to reunite with their child. One example of this is the Interstate Compact on the Placement of Children (ICPC). This agreement, signed by all 50 states and the District of Columbia, is meant to ensure that…
Outdated attitudes about the importance of fathers in a child’s life still affect child custody matters in numerous ways. It might sound shocking to hear that an unmarried father’s financial difficulty could prevent him from reuniting with a son or daughter in foster care, but until a recently enacted law, this was the case. In the first days of 2023,…
Changes in American society over the past 50 years have upended the old standard used in child custody determinations, which favored the mother. Polls show that an overwhelming majority of parents feel that joint parenting works best following a divorce or a breakup between parents who were never married. Numerous states have enacted laws that promote joint parenting and make…
For more than two and a half years, COVID-19 has wrought havoc on individuals and families in countless ways. Many divorced parents have experienced serious challenges due to the effect of school closures, remote work and quarantines on custody arrangements. During the “two weeks to stop the spread” period, most parents were willing to make short-term schedule changes to adjust…
A well-conceived parenting plan is the foundation of a successful relationship between former partners and the sons and daughters they share. Hammering out the details regarding custody and visitation during separation or divorce might seem hard, but a strong framework can avert serious problems down the road. When done right, a parenting plan facilitates communication between co-parents, helping them avoid…
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 are usually more nuanced than…