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Category Archives: Family Law

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 »

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 »

Job Loss Alone Will Not Necessarily Justify a Reduced Child Support Rate

Since New York child support rates are largely based on how much income each parent earns, people might naturally assume that when a paying parent loses their job, a court will approve a significant reduction in their monthly obligation. This is not always the case. To qualify for a reduction, a dismissal must be involuntary…. Read More »

How the COVID-19 Pandemic Could Increase the “Gray Divorce” Trend

Even before the COVID-19 pandemic hit the United States, family lawyers and cultural observers have noticed the increase in divorces amongst older married couples. One study shows that the divorce rate for Americans 50 and older has doubled since 1990. This “gray divorce” trend cuts across social and economic lines and involves many spouses who… Read More »

What is Imputing Income and When Does It Happen for Child Support?

If a judge has reason to believe a parent can and should be earning more income than they are, they might “impute” (assign) additional income to that parent. To do so, they will calculate child support based on a higher income than the parent’s actual earned amount, which increases the child support obligation for that… Read More »

Tips to Help You Deal With Your Divorce Over the Holidays

Divorce is a stressful and emotional process no matter what time of year you’re going through it, but it can be especially difficult around the holidays. People going through a divorce or having just recently finalized a divorce face more time with family who may have uncomfortable questions or unsolicited opinions about the recent change… 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 »

Child Support Expanded to Provide for Special Needs Adults

Parents of sons and daughters with special needs often must provide a home and daily care long after their children turn 21 and the standard child support obligation expires. It stands to reason that a mother or father who is still responsible for a disabled young adult should receive support payments from their co-parent. Following… Read More »