Change happens. Recently the Appellate Division, Second Department reversed a dramatic trial court ruling that denied the petition of a mother to relocate—and awarded her ex-husband sole legal and physical custody of her children. Yvette Cruz and Daniel Caruso are the parents of nine-year old twins. The couple divorced in 2004. In 2007, both parties initiated custody proceedings resulting in…
During divorce the lives of children are turned upside-down. Their relationships with parents are permanently changed. Understanding the effect of divorce on your children may help them, and you, in the future. Children of all ages are at risk from the upheaval caused by divorce. Although parents might understand they will get through divorce intact, children do not. Children take…
The men and women who defend our country face special challenges during divorce and child custody litigation. Fortunately, state and federal laws prevent a parent from using the military status of the other parent to gain an unfair advantage in custody and support disputes. The fact that a military parent may be deployed or transferred cannot be held against that…
There is a presumption under New York law that continued contact with both parents is in the best interests of the child after a divorce. So, even when one parent receives full custody of the child, the other parent is almost always entitled to visitation. Nonpayment of child support is not grounds for denial of visitation rights. Even when a…
While some states adjust child support obligations to reflect the percentage of time that the paying parent has custody of the child, this is not the case in New York. New York’s child support guidelines do, however, indirectly take custody issues into account. For example: The parent who has less than 50 percent custody of a child is usually liable…
Your divorce is finally over and the possibility of meeting someone new actually sounds appealing. How do you navigate the journey back into a social life? Our firm provides strong, experienced legal representation to clients moving from marriage to being single again. We understand the emotional roadblocks our clients face in remembering who they are, doing what is right for…
Parenting young children is not easy. Children throw tantrums, make a fuss and generally need guidance to keep their behavior in line. Parenting young children during a bitter divorce battle is no easier, as one New York man recently found out. In a story told in headlines across the country, David Schorr, involved in a custody case with his estranged…
Alpine skiing veteran Bode Miller has garnered headlines lately that have little to do with downhill racing. In a case playing out on both coasts, the custodial setting of the son of Mr. Miller and an ex-girlfriend has provoked heated discussion about parental rights. In addition to a high-profile quest for Olympic gold at Sochi, Olympic champion Bode Miller seeks…
Attorneys, court personnel and those who have gone through divorce understand the sometimes terribly acrimony and fear felt by parents during the divorce process. A tragedy in December revealed the instability of one father distraught over a conflicted custody matter. A native of the Ukraine, Dmitriy Kanarikov, 35, lived in Brooklyn and worked as a systems analyst for TIAA-CREF. Just…
What is emancipation? Emancipation is the concept of a minor-aged child leaving his or her parents’ custody (either voluntarily or forcibly) and living independently. New York has no official emancipation statute, nor does the state provide a specific order of emancipation to emancipated minors. However, courts are likely to recognize your emancipation as a minor if the following conditions are…