Category Archives: Custody
Special Considerations for Divorce During the Pandemic
Forced closer together by lockdowns, travel restrictions, work-from-home orders and school closures during the pandemic, many married couples have seen their relationships strained to the point of breaking. This has led to a surge of divorces in New York and across the nation. But with the backlog of cases caused by COVID-related court closures, estranged… Read More »
Grandparents Rights & The Grandmother Hypothesis
Since 1996, we have been handling grandparent’s rights. Previously, grandparents did not have rights to visitation or time with their grandchildren except for in certain circumstances: If the parents of the child have passed away If the grandparent has an existing relationship with the child There must be no objection by the parents of the… Read More »
Can I Prevent My Ex’s New Partner from Meeting My Children?
It is understandable for there to be tension or bad blood between you and an ex-spouse, particularly when they bring a new romantic partner into the picture. If you do not like that new partner, you might wonder if you have any recourse to keep them away from your children while they are visiting your… Read More »
Can a Parent Whose Job Requires Them to Travel Obtain Custody?
There are a variety of factors courts will look at when determining which spouse in a divorce will have primary physical custody of the couple’s children. Courts want to create an arrangement that’s in the best interests of the children—that means placing them in a home with parents who are capable of fulfilling all their… Read More »
How Teachers Can Have an Advantage in Child Custody Proceedings
New York, as with all states, uses the “best interest” standard for determining child custody arrangements. This means parents can expect judges to consider a variety of factors that will go into determining what arrangement would be in the child’s best interest for the long term. Some examples of some of those factors include: Parental… Read More »
In What Circumstances Will a Court Grant Full Custody?
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 »
What You Should Know About Custody, Visitation Rights for Extended Family
In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody… Read More »
How to Secure a Temporary Custody Order During a Divorce
Your divorce may take months to resolve, but there may be some issues you need to settle right away, at least temporarily. Child custody is one of those issues. Who will have custody of the kids during the divorce proceedings? You have two options during your divorce if one spouse has moved out of the… Read More »
What if Your Child Does Not Want to Visit the Other Parent?
After a divorce, both parents will still have the right to at least visit with their children, except in some rare circumstances. Even if the child is not spending time living with each parent, there will be allotted visitation times for the noncustodial spouse. Your divorce agreement will include a custody order and visitation schedule… Read More »
Nassau County Matrimonial Supreme Court Justice Thomas A. Rademaker Gives Standing to Same-Sex Parent Who Seeks Custody and Visitation With the Child
On April 17, 2019 the New York Supreme Court Appellate Division for the Second Department upheld a Decision by the Family Court which gives standing to a same sex parent who is seeking custody and visitation. Justice Thomas A. Rademaker presided over a case in March, 2018 as a Nassau County Family Court Judge. Justice… Read More »