If child custody is a major issue in your divorce case, you may need to undergo a child custody evaluation. During this process, you will meet with a third-party evaluator to determine your fitness as a parent. The following are a few key tips as you prepare for this evaluation: Always be upfront regarding your strengths and weaknesses as a…
Co-parenting children after a divorce is difficult enough when both parents live within a reasonable distance from each other. If one parent decides to move out of state after a divorce, the challenges become even greater. In most cases, parents are required under state law to get permission from a judge and/or the other parent before moving a child out…
As you go through your divorce, important to be focused on the long term, making sure you’re ending up with the best possible settlement for you. This requires you to have a clear picture of exactly what it is you want as you move forward with your life. With how stressful and emotional divorce can be, however, this is often…
Kelly Gunn (left) and Circe Hamilton PHOTO: New York Post, Julia Marsh, September 2, 2016 A recent ruling from the New York State Court of Appeals has determined that an unmarried partner that is the non-biological, non-adoptive partner in a same sex marriage can be entitled to parenting rights over a child raised in the relationship under certain circumstances. This…
The general, overarching standard in all states for child custody is to come to a resolution that is in the “best interest of the child.” But this standard might seem rather subjective. Exactly what is meant by “best interest?” The following are a few factors that go into these decisions: The child’s age: There are many judges who believe younger…
Although it is possible for stepparents to request custody or visitation of a children who are not biologically theirs, it can be a challenging process. There are some ways in which the law treats stepparents similarly to natural parents, as a step parent has likely played a significant role in the child’s life. In other situations, however, the natural parent’s…
Child custody disputes most commonly go to court when parents are not able to reach an agreement that is in the child’s best interests. At one of these hearings, a judge reviews arguments from both sides — along with all available facts in the case — before determining what type of custody arrangement is best. The following are a few…
Every so often, we hear about incidents in which parents violate their appointed custody or visitation rights by taking kids with them to another state. Technically, this is a form of kidnapping referred to as parental kidnapping, and it can result in serious criminal penalties for the offender. Courts treat parental kidnapping as a far more serious offense than a…
Every child custody agreement will have its own unique elements. But in general, there are certain items you will absolutely want to include in your own agreement. Here are a few of those most essential elements: Custody descriptors. You need to clearly outline who has both physical and legal custody of the children. Physical custody refers to who is the…
A recent feature story in the New York Post outlines a practice that is gaining popularity among some divorced couples in New York and New Jersey — and is likely to spread to other areas in the country. It’s called “birdnesting,” an arrangement in which the children stay in one home and it’s the adults who move around. The idea…