Custody

What Not to Do While Seeking Custody of Your Children

It’s not uncommon for child custody disputes to grow bitter and lead to long, drawn-out court battles. Both parent understandably wants as much time with their children as possible, and they do not want to have to compromise on child support arrangements. However, there are certain actions that parents can take during custody hearings and divorce proceedings that can make…

Why are Mothers Most Often Awarded Child Custody?

Though child custody laws generally no longer presume that children should stay with their mother after a divorce, the fact is that mothers are still awarded custody of their children more often than fathers. So what is the reason for this? First, courts more often find that the mother meets the qualifications for being considered the “primary caregiver.” This is…

Putting Together a Solid Transportation Plan for Visitations

When parents get divorced, one of the child custody considerations they will have to make is when the non-custodial parent will have visitation time and how children will get to and from those scheduled visitations. One of the best ways to strengthen these visitation plans is to include a thorough transportation plan so that everyone understands the expectations of safely…

Relocating Your Child Out of State After a Divorce

When divorces occur, it’s somewhat common for one parent to relocate out of the state. However, it’s also important to consider how such a relocation could affect the children in the relationship.  Moving out of state with children after a divorce has an impact on more than just the parent who wants to relocate. The children and the non-custodial parent…

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 termination of this right. This…

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 the children after divorce, they…

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 to endanger the welfare of…

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 person who has both the…

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. Children have a right to…