In a case that has galvanized attention in Nassau County, Long Island mother Amy Margolis plans to defy a court order by refusing to allow visitation by her children to their father’s home, citing an allegedly violent encounter between her soon-to-be-ex-husband and his live-in fiancée. She is insisting that the children will not visit their father or stay in his…
While New York Family Courts consider many factors when making a determination about child custody, the ultimate decision rests on what is in the best interests of the child. Ideally, both parents are awarded joint or shared child custody [CK1] so they can play an active role in important activities, milestones, and decisions in the lives of their children. However,…
In years past, it was usually a given in New York courts that child custody went to the mother upon divorce. The tender years of a child coupled with a cultural norm carried the day for mom. This may still be true in some cases—but usually not without a fight. Today more fathers are seeking custody of their children. The…
You gave your child life—now divorce threatens the quality of that fleeting childhood. When circumstance demands you divide your child’s world, what options do you have? Our firm, Bryan L. Salamone & Associates, P.C. has handled hundreds of child custody matters. From experience, we know custody and visitation arrangements that fit one family do not necessarily suit the next. The…
In making decisions about child custody and support, New York family courts consider many factors, including the maturity, morality, and stability of each parent and their willingness to make decisions in the best interest of their children. They also consider how well each parent communicates and cooperates with the other on matters related to their child. New York courts frown…
In a decision entered in June of this year, the Appellate division, Third Department, upheld a Family Court finding that interference by a custodial parent was a significant change in circumstances sufficient to alter a designation of primary custody. In Keefe v Adams, a 2007 order provided joint legal custody to the parents of a son born in 2002. After…
Few divorce decisions are as emotionally fraught as those involving custody of minor children. Divorcing spouses who agree on other issues can quickly reach an impasse where children are involved. Too often, protracted custody battles are thinly disguised attempts to manipulate support obligations, deny equal parental rights, or alienate a child from a non-custodial parent. While you and your spouse…
Without question, a father seeking sole or even joint custody of his children without agreement of the mother has a tough case ahead of him. New York courts decide child custody matters based on the best interests of children. Historically, payment of custody support and visitation was allocated to fathers while child custody was awarded to mothers. Even today—make no…
Fathers’ rights are a hot topic in the media and in the courtroom. Fathers trying to gain custody can download books and join websites to learn techniques to help win custody and visitation or find out 140 violations a father can use against his challenger. This call to arms is a response to the historic tendency of courts to award…