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Category Archives: Child Custody

How Child Abuse and Neglect Affect Custody Determinations

When a relationship ends, it can be devastating for parents and children alike. When one parent is abusive or neglectful, however, it can be frightening for the other parent. How do allegations of child abuse and neglect affect custody and visitation? New York decides custody and visitation in the “best interest of the child.” There’s… Read More »

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 »

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 »

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 »

Child Custody Tips for the Holidays

The holidays can be difficult to navigate for divorced parents. Both parents will likely (and understandably) want to have time to spend with their children over the holidays, but time is a limited commodity and the logistics of transferring children back and forth can be difficult. Here are a few child custody tips to keep… Read More »

HBO Miniseries Covers Early New York Case on Lesbian Parents’ Rights

Over the past few decades, Americans in same-sex relationships have seen significant advances in their family law rights. A three-part miniseries on HBO shows how some of the rights that we take for granted now were not available even one generation ago. This detailed and personal documentary also offers a lesson to modern families about… Read More »

Why Paternity Tests are Important for Child Custody

Paternity tests establish biological fatherhood, which can have some significant bearing on child custody and support cases. In such a test, DNA is collected from the possible father and the child from cheek swabs or blood samples. The DNA gets spliced to determine if the two share chromosomes. These tests have a 99.9 percent accuracy… Read More »