Author Archives: Bridget Tartaglia
Can a Person With a Criminal Record Get Child Custody?
A parent’s criminal record could potentially affect child custody proceedings. However, having a criminal record does not necessarily mean the parent is automatically ineligible to have custody of the child. Considering the type of custody First, remember that there are two types of custody: legal custody and physical custody. Legal custody refers to each parent’s… Read More »
What to Do if You’re Denied Visitation of Your Grandchildren
Every state in the nation has some form of grandparent visitation law on its books, allowing grandparents to seek the legal right to spend time with their grandchildren if certain conditions exist. In New York, grandparents are able to request this court-ordered visitation in any of the following circumstances: One or both of the child’s… Read More »
Can the Custodial Parent Move a Child Out of the State?
The law requires courts to set forth child custody arrangements based on the child’s best interest. If it is the court that must make the arrangements on behalf of the parents, that is the primary determining factor in what sort of arrangement they will enforce. When a custodial parent must move beyond an agreed upon… Read More »
How You Can Use Meditation to Settle Child Custody Issues
Child custody disputes can understandably become quite emotional. Both parents love and care for their children immensely, so it only makes sense that they would each have strong opinions over how their children will be raised and what sort of custody arrangements will be put in place. With such a potentially hot-button subject, one might… Read More »
What is the Difference Between Arrears and Retroactive Child Support?
Arrears and retroactive child support are two categories of child support a non-custodial parent might owe to the custodial parent. When seeking to collect child support still owed to you, it is important to understand the differences between these two categories. Here is a brief overview. Retroactive child support The term “retroactive child support” refers… Read More »
Strategies for Collecting Overdue Child Support
Has your ex fallen behind in child support payments? There are a variety of methods you can use with the help of your attorney to get the money you’re owed. Here are a few examples of your options: Withholding income: Also referred to as “wage garnishment,” this is an enforcement tool in which the owed… Read More »
Does Equal Shared Parenting Have a Future in New York?
In the past, most custody decisions reflected old attitudes about gender roles and parenting. Following a divorce, minor sons and daughters would live primarily in the home of one parent, almost always the mother, with the other getting visitation rights. Children spending every other weekend with their fathers and pickups at places like McDonald’s became… Read More »
Attempt to Hide Funds Leads to Tax Conviction for Ex-Husband
Honesty is not just the best policy during a divorce, it’s the law. Financial information listed within a Statement of Net Worth or produced in response to a discovery request must be complete and accurate. However, some divorcing spouses choose to disregard the laws by hiding assets, hoping to secure more favorable property division, maintenance… Read More »
COVID-19 Continues to Complicate Many Child Custody Arrangements
When parents of minor children break up, they and their lawyers establish custody and visitation terms that should address various situations that might arise over the years to come. A sound parenting plan might cover medical care, school vacations, extracurricular activities and college funding. This averts future conflicts and ensures that everyone understands how these… Read More »
Domestic Violence Is Now a Factor in New York Equitable Distribution Decisions
New York’s equitable distribution law states that when a divorcing couple cannot agree on how they want the marital property to be divided, the judge decides what is fair and equitable. This does not have to be an even split in value. Though the judge may look at any relevant information when making a decision,… Read More »