Category Archives: Custody
Recognizing Child Abuse
Child abuse can be difficult to detect. Authority figures such as parents, stepparents, or other adults in the household can exercise a great deal of influence over minor children. Even worse, abusive parents or adults may instill fear in their victims, making children less likely to report incidents of abuse, instead suffering in silence. Parents… Read More »
Recent Changes in NY Custody and Support Laws
In addition to New York’s new no-fault divorce law, the New York State Assembly has made several other important changes to domestic relations law that took effect on October 14, 2010. These laws provide greater protections to the financially disadvantaged spouse in a divorce action and clarify the circumstances under which a parent can obtain… Read More »
Putting Together a Relocation Plan
If you have joint or even sole custody of a child, you may not realize that moving is tougher than you thought. Even if you have a strong custody agreement with no radius clause, you may face issues when trying to relocate. Bryan L. Salamone has handled numerous high-profile relocation cases. In fact, our attorneys… Read More »
How a Child’s Age Can Influence Custody Disputes
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 »
Mother Defies Law, Claims it is to Protect Children
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… Read More »
When Is it Right to Seek Full Custody of the Kids?
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… Read More »
Mothers and Child Custody: Still a Given?
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… Read More »
Can Custodial Parents Relocate Beyond 50 Miles?
Child custody agreements usually prohibit relocation of a custodial parent beyond a 35- or 50- mile radius from a non-custodial parent. The question is, are you out of luck if you are a custodial parent who has economic or other positive prospects beyond that 50-mile limit? Our firm, Bryan L. Salamone & Associates, P.C. is… Read More »
Grounds a Parent Can Use to Seek Full Custody or Child Support
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… Read More »