While there are plenty of divorced parents around the United States that manage to successfully co-parent with each other, there are also plenty of examples of parents who simply cannot get along and constantly find themselves in custody and visitation battles. If you are the visiting parent, you have a court-appointed right to see your… Read More »
In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody… Read More »
Parental alienation is the term for one parent’s intentional or unconscious behavior that encourages the child to reject the other parent. Alienating behavior includes subtle physical or verbal clues as well as overt actions and candid statements that punish the child for maintaining a positive relationship or reward the child for rejecting the targeted parent…. Read More »
Visitation terms are included in divorce settlements so that noncustodial parents have a legal right to spend time with their children. It is important to know that visitation terms are court orders that must be upheld. If your visitation rights are being violated, consider the following suggestions: Keep track: Maintain a written account of each… Read More »
If you and your spouse have children and are going through a divorce, it is important to know about the “best interests” standard and how it will impact your proceedings. When parents cannot agree on child custody terms, a court may have to use the best interest standard to determine which parent receives primary custody…. 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 »
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… Read More »
Divorce affects all who are touched by it and grandparents are among those likely to be injured. Grandparents are often left out in the cold in terms of custody and visitation. While many jurisdictions are slowly granting grandparents rights to see their grandchildren, New York is far from being on the cutting edge in this… Read More »
You may feel angry, frustrated, and upset if you are a noncustodial parent. However, it is vital to your relationship with your child that you put any differences with your spouse aside. The divorce is over, your spouse has custody, and now it is time for you to focus on spending as much time as… Read More »