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 have sole legal and physical…
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 rights are an entirely different…
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 house. Either you come to…
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 that you must follow. But…
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 Rademaker is now a Supreme…
Could you use some advice about some issues related to child custody? Here’s a list of answers to some of the most frequently asked questions we receive about custody-related issues. Q: Do I hurt my chances of getting custody if I move out and leave the kids with my spouse? The simplest answer here is “yes,” but you do not…
You and your spouse can create your own child custody and visitation schedule during the divorce process, or work with an attorney. This will help you stay out of the court and avoid having a judge make custody-related decisions on your behalf. The following are a few tips to keep in mind that will help you through the process: Know…
Supervised visitation is an arrangement in which the visiting, noncustodial parent is only permitted to visit his or her children while being supervised by a third party, such as a social worker. The visit might occur at the parent’s home or in a designated location, such as a child care center. Judges will usually order supervised visitation if there is…
Domestic violence will have a significant impact on your life and your general safety. Your first priority as a victim should always be to seek assistance to get to safety and protect yourself against your abuser. As you go through the divorce process as a victim of abuse, you can be certain that abuse will play a factor in many…
Fighting to hold on to your rights to custody of your children can be a complex process, but it will become even more difficult if you’re facing charges of driving under the influence (DUI). Alcohol- or drug-related charges will reflect very poorly on you in divorce court. In fact, alcohol abuse is an issue that will frequently come up in…