Category Archives: Child Custody
How Courts Adapt Parental Rights to Non-Traditional Family Structures
Courts in New York as in other states have come to recognize the increasing diversity of family structures. Modern families frequently look different from the traditional nuclear unit, encompassing unmarried co-parents, multi-generational households and and/or LGBTQ+ parents. Each present unique questions concerning custody, visitation and parental rights. The following are non-traditional family structures about which… Read More »
How Courts Handle Divorced Parents’ Conflicts Over Education
One of the most challenging areas of adversity for divorced parents can be making educational decisions for their children. Disputes may arise about school choice, special education services or the division of tuition expenses, and there may be religious or logistical complications. In these situations, courts can play a critical role in ensuring that the… Read More »
Who Has the Final Say in Joint Legal Child Custody?
In New York family law, the status of joint legal custody allows both parents to share the responsibility of making significant decisions about their child’s life. These decisions typically involve important aspects such as education, healthcare and religious upbringing. Unlike sole custody, where one parent has the exclusive right to make these determinations, joint legal… Read More »
Grandparents’ Visitation Rights Under New York Law
In New York, grandparents seeking visitation with their grandchildren have certain limited legal rights. A statute outlines the conditions under which a grandparent can petition for visitation and the standards that must be met to achieve a favorable outcome. Understanding the statutory requirements is vital for any grandparent considering this legal route. Under New York… Read More »
How Children’s Preferences Factor Into Custody and Visitation Decisions
New York courts making custody and visitation decisions prioritize the best interests of the child, weighing various factors to determine an optimal living arrangement. A common question in custody proceedings is whether a child can choose their which parent to live with. While courts do not give children the absolute right to decide where they… Read More »
Limits on a Custodial Parent’s Right to Relocate with a Child
We live in a fluid society, where people are not always bound to one geographical area for life. A person may move far away or even out of state for various reasons. But when a parent who is subject to a child custody order contemplates such a move, there can be legal implications. While New… Read More »
Parental Alienation During Divorce
Divorce is a difficult process, and when children are involved, emotions can run high. Unfortunately, some parents resort to destructive behaviors that can harm the parent-child relationship. This behavior, known as Parental Alienation Syndrome (PAS), occurs when one parent influences the child to reject the other parent. In severe cases, the child may completely reject… Read More »
Should You Try Dating During Your Divorce?
Divorce can be emotionally, physically and financially exhausting. When a new potential partner comes along, it can seem like an antidote to the heartbreak and stress. It’s great to feel appreciated and desired after a major blow—but could it jeopardize your divorce? While every relationship and divorce are different, here are some reasons to reconsider… Read More »
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 »