Category Archives: Custody
Can Stepparents Adopt Their Stepchildren?
When divorces happen, new relationships may begin between stepparents and children. Often stepparents seek to make this relationship official by formally adopting their stepchildren. Under New York law, stepparents have the right to adopt their stepchildren, but only if the non-custodial parent either gives up his or her parental right, or a court orders the… Read More »
How Does Religion Factor into Custody Arrangements?
In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education. As courts analyze how religion impacts… Read More »
Protecting Parents from Unfounded Charges of Neglect from Child Protective Services
My firm has handled thousands of cases involving Child Protective Services (CPS) neglect allegations and we have recently won a published appeal that has clarified the law in connection with the CPS definition of neglect. Teachers, doctors and others in certain professions have mandatory rules that force them to report anything that could be deemed… Read More »
Different Types of Child Custody Arrangements
Depending on the circumstances of your relationship and divorce, courts may choose from any of a variety of types of child custody arrangements. While courts may draft unique arrangements based on your divorce, there are typically four different types of child custody arrangements that are used: Legal custody. A person who has legal custody a… Read More »
What are the Basic Rights of Children in a Divorce?
As you go through your divorce, the court system will determine your ability to meet the basic needs and rights of your children when setting child custody arrangements. Your ability to meet these needs determines how fit you are to be a primary custodian. Some examples of those basic needs and rights include: Quality education…. Read More »
Enforcing Your Right to Child Visitation
If you have not been granted full custody of your children, the courts have likely given you a specific visitation arrangement that will enable you to see them. There are a variety of types of visitation, including weekend visitation, supervised visitation and more. If anyone attempts to interfere with your rights of visitation, there are… Read More »
Same-Sex Marriage Breakup Leads to Unusual Custody Battle
New York passed the Marriage Equality Act in 2011, which allowed for the marriage of same-sex couples throughout the state. However, one couple soon found that there were some unusual circumstances surrounding child custody during New York same-sex divorces. Now one woman is left scrambling to figure out how to have access to her adopted… Read More »
Third-Party Child Custody Rights
In some situations, courts may grant custody to third parties like grandparents, close relatives or other close friends with whom he child is familiar. The last 20 years have seen a significant increase in the rights of non-parents who wish to seek visitation and custody rights of children that have divorced parents. Non-parental custodial rights… Read More »
Recent Ruling Reinforces Spheres of Custodial Influence
A recent Second Judicial Department ruling affirmed spheres of custodial influence in a New York custody case. Shared legal and physical custody is now a common post-divorce parenting arrangement. With the trend toward shared time and decision-making responsibility, some couples experience difficulty communicating with each other in the best interests of their children. My firm… Read More »
Court Affirms Same-Sex Spouses as Parents
The Monroe County Supreme Court recently affirmed same-sex spouses are both parents to a child born during their marriage. The state of New York, when appropriate, seeks to legitimatize the parenthood of two people who are parents to a child of their marriage. In this case, the birth mother of a child born into a… Read More »