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Category Archives: Child Custody

When Do Courts Consider the Child’s Wishes in Custody Cases?

Child custody is one of the most important and potentially contentious elements of any divorce. Parents can work out their own custody arrangements outside of court as part of an uncontested divorce, but if they cannot come to their own agreements, the decision is left up to a Supreme Court Justice in the case of… Read More »

What to Know About Grandparent Visitation Rights in New York

In many cases, divorce affects more than the two spouses and their children. It can also have a significant impact on extended family members. In New York, grandparents may have a legal right to visitation in any of the following circumstances: One or both parents passed away The grandparent has had a substantial preexisting relationship… Read More »

Preventing Child Abduction During a Divorce

Although it’s rare, in some cases a custodial parent might be worried his or her former partner will attempt to kidnap their children, whether during a visit or at some other time. If you believe there is any chance of this occurring, there are steps you can take to prevent it, while also preparing yourself… Read More »

Frequently Asked Questions About Child Visitation

As a part of your child custody negotiations, you will need to create a child visitation schedule. In most cases, the noncustodial parent will have the right to reasonable visitation with his or her kids. Below are a few of the most frequently asked questions we receive on child visitation: Q: What qualifies as ‘reasonable… Read More »

Can Parents Lose Their Visitation Rights?

Parental rights are protected by the U.S. Constitution. However, parents may lose those rights in certain circumstances. Courts will always act in what they deem to be the best interests of a child, which might mean supervised visitation or even cutting off all ties with a parent if he or she poses some sort of… Read More »

Factors a Judge Will Consider When Determining Child Custody

In every state, the “best interest of the child” is the main standard used to determine custody cases. But what exactly do judges consider as they determine what is in the best interest of the child? Below are a few of the factors you can expect to play a role in your child custody case:… Read More »

Tips for Helping Children Through Custody Transitions

Divorce can cause a substantial upheaval in the lives of children. Understanding this, parents must work together to ensure their children feel as safe and comfortable as possible during what is truly a life-altering time. Although adults are capable of adjusting to these types of changes, children need routine and stability to thrive and mature… Read More »

How to Make Sure Your Child Custody Evaluation Goes Well

If you and your former spouse or partner are in a conflict regarding who will assume custody of your kids, you may need to go through a child custody evaluation otherwise known as a forensic evalution. This process involves one or more meetings with a third-party evaluator, who must determine your fitness to support and… Read More »

Do Mothers Have an Advantage in Child Custody Proceedings?

It’s a common assumption that mothers have an inherent advantage over fathers when it comes to asserting child custody rights. This is because, statistically, more mothers receive full custody over their kids than fathers. However, it’s important to understand that courts do not favor one gender over another in these proceedings. There are no laws… Read More »

Birdnesting Is a New Divorce Trend Among Families with Children

An unusual new trend has emerged among divorcing parents in New York and across the country. Instead of transferring the kids back and forth between the parents’ homes, parents are letting the kids stay put and instead shuffling themselves around. This trend is known as birdnesting or bird’s nest custody. The way it usually works… Read More »