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 steps you can take to…
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 child. When the couple initially…
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 can come into play in…
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 has experience with courts willing…
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 same-sex marriage sought to exclude…
Many couples and families own beloved pets. The ties that bind humans to animals sometimes outlast those of human relationships. When that happens, sparks fly when one spouse decides Fido is leaving with him or her. In a recent survey, the American Association of Matrimonial Lawyers (AAML), reported more than a quarter of its members noted an uptick in divorce…
As summer comes on, so do challenges for parents who share custody during the summer. Working out a parenting time plan is required for parents of minor children in New York. A parenting plan includes details on how time with children is shared when school is out. Summer parenting arrangements can be court-ordered or created between amicable parents over time.…
For many parents, battles over custody are long and uncertain. The case of Samuel Bode Miller-McKenna is no different. A contentious legal action arose when Sara McKenna, now of New York, became pregnant after dating Olympic skiing champion Bode Miller, who resides in California. Mr. Miller, who initially showed no interest in the pregnancy, vigorously asserted his rights after the…
Since the sub-prime mortgage crisis of 2008, subsequent economic hardship coupled with an increasing unemployment rate for men has resulted in more “out of work” or “available” fathers. These fathers have morphed their lives into more accessible work schedules and/or working from home. As a result of this, men are achieving custody in great numbers Recently, our firm has handled…
In November of 2013, a tantrum over the refusal of a New York dad to give his son a Happy Meal led a psychologist to label him an “unfit father.” Recently, the judge in the matter warned the parties to settle their differences or see their four-year old child hauled into her courtroom. Earlier in this high-conflict divorce matter, David…