When parents divorce, asking children to choose which parent they want to live with can be traumatic for all involved. In some cases, however, children are sufficiently mature to express a reasoned preference. In such cases, the child’s preference can be an important factor in shaping the custody arrangement. New York courts determine child custody based on a number of…
As our society has become increasingly mobile, multistate child custody disputes have become more common. Fortunately, the states have adopted a uniform method for determining which state has jurisdiction over a child custody dispute. They also have agreed to honor custody determinations made by the courts of other states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been…
As the largest family law practice in Long Island, we fight for the best interests of our clients and their children, working to create custody arrangements that fit the circumstances of each family situation. While parents sometimes agree to sole or joint custody, they less often agree to split up their children, but a recent celebrity custody battle ended just…
The biological parents of Veronica, Christy Maldonado and Dusten Brown, were unwed when Veronica was conceived and they soon split as a couple. Prior to Veronica’s birth, Brown terminated his parental rights in writing and provided no support to Maldonado or her unborn child. Seeking a good family environment for her child, Maldonado chose Matt and Melanie Capobianco to adopt…
In a divorce involving children, parenting issues can stir a bitter custody battle. Our firm has litigated and won thousands of custody matters for our clients, and we know the importance of gaining, exercising and understanding parenting rights. In New York, two fundamental types of custody must be agreed upon by parents or decided by the court before a divorce…
Rotating spheres of influence are usually done when there is joint decision making but the parents can’t decide equally on all decisions, because one parent has specific specialty or knowledge or interest in an area of decisions. For example, since the commencement of a divorce, one party has a specific religious zeal or passion that party may request that all…
Judges have stated, privately, that when it comes to custody disputes it is often difficult for them to really make decisions since they do not “live with the parties.” Their decisions are based on the testimony of the parties; character witnesses; witnesses that have been present during certain occurrences; together with opinions of experts, the recommendations of an attorney for…
When a court believes it is in his or her best interests, your child may be appointed a legal representative. Understanding the different personnel who deal with your child in a legal setting is confusing but critical for you to know. While family law matters concerning child welfare give rise to appointment of legal representation, these appointments also occur during…
Amid the he said, she said drama of hard-fought child custody and visitation cases, we can sometimes forget another small but important voice — that of the child. To ensure that custody proceedings focus on the unique interests of the child, family law judges may appoint an attorney for the child (formerly known as a law guardian) to represent the…
Custody battles are heart-wrenching because they involve innocent victims — the children. As a family law attorney, I see bitter parents trying to use custody and visitations as weapons. Ultimately, these tactics can backfire. Here are some key mistakes: Interfering with visitation. Whether you repeatedly show up late for visitation exchanges or miss them completely, relocate without authorization, or just…