Most people understand the need to protect separate financial assets with a prenuptial agreement prior to marriage. But what about after wedding bells ring? A postnuptial agreement safeguards financial security — and sometimes the harmony of a marriage. Prenuptial agreements are reviewed and executed prior to a wedding. After the marriage, postnuptial agreements come into play. Both are types of…
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.…
The largest spike in marital infidelity occurs the day immediately after Mother’s Day. This day is now being called “red light Monday” or “Mother’s Stray Day”. Monday, May 12th, 2014, the day immediately following Mothers Day this year, a shocking number of wives signed up with AshleyMadison.com; a dating website established for married individuals seeking affairs. According to psychologists and…
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…