Except in extreme circumstances, all parents have the right to visitation with their children if the other parent has sole custody. These visits could last just a few hours or for overnight stays here and there. The expectation is that the visiting parent will abide by all the rules listed in the visitation agreement and… Read More »
In any divorce case, two parents can either negotiate their own child support arrangements and enter into a legally binding agreement, or the court can mandate the amount of child support one parent must pay to the other. In either scenario, a court must approve the amount of child support to be paid. New York… Read More »
When a couple going through a divorce has children, a family law court may need to get involved in decisions regarding child custody and child visitation rights. In a divorce, these two issues are typically determined at the same time. In some divorce proceedings, it is determined that it is in the child’s best interest… Read More »
A new study from researchers at Ohio State University reveals that approximately 79 percent of married couples that separate end up getting divorced. According to researcher Dmitry Tumin, the majority of separations in America last for one year or less, though some can drag on for many years. While some separations remain unresolved and a… Read More »
While parents have the final word on the decisions that are made regarding their children, there are certain rights that grandparents can attempt to enforce as well. These rights could depend on the marital status of the parents. If they are married, they could jointly decide to deny you any time with your grandchildren, and… Read More »
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… Read More »
A recent bid before the Appellate Division, Second District failed when a mother was unable to provide important information to support her desired relocation after a divorce. In Christy v. Christy, appellant Lisa Christy sought relief from a family court decision that prohibited her from carrying out a proposed relocation with the children of her… Read More »
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… Read More »
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,… Read More »
Divorce places significant financial stress on separated parties. The old saying that two can live as cheaply as one is not too far from the mark. After a divorce, a couple divides everything and then must support two completely separate households. One positive financial avenue that exists after divorce is that if you are a… Read More »