Child Custody
Surviving the Holidays After or During a Divorce
The holidays are undoubtedly one of the most difficult times of the year for divorced and broken families. This is especially true during the first few years after the divorce when families are still trying to re-build and transition to the new family unit. This week, the Huffington Post featured a number of articles about…
Read MoreParenting Styles and the American Marriage
A recent article detailed how changes in parenting styles are taking a toll on marriages throughout the United States. The piece argues that over the past few generations, parenting has become synonymous with religion and that like faith, parents must never go against their children or speak negatively about them to others. However, it seems…
Read MoreRemarriage on the Rise
Today, U.S. News featured an article entitled, “Remarriage on the Rise in the U.S.,” which focused on the rising trend of remarriage in our country. According to statistics from a report by the Pew Research Center, in 2013, 40% of new marriages included at least one partner who had been married before. In 2013, nearly…
Read MoreAge of Majority and Child Custody Determinations
In a recent Second Department case, the court dismissed a father’s appeal, challenging the lower court’s award of sole custody of the parties’ three children to their mother. The appeal was dismissed by the Second Department because the parties’ oldest son had reached the age of majority. The court…
Read MoreRight of First Offer in a Child Custody Agreement
In a recent Second Department case, Saravia v. Godzieba, the court modified a custody agreement to include a provision directing that when one parent is working, that parent, prior to making babysitting arrangements with a nonparent, shall first afford the other parent the opportunity to care for the child during such work period. In the…
Read MoreFather Loses Visitation Due to Grandparents’ Bad Behavior
Did you know that failing to discourage your parents from talking badly about you ex-spouse can jeopardize visitation with your child? On August 6, 2014, in a case called Weiss v. Rosenthal, the Second Department revoked a father’s visitation based on the paternal grandparents’ persistent bad mouthing of the child’s mother in the presence of…
Read MoreThe Future Of American Divorce
While the practice of divorce is nothing new to the American family, people nationwide may soon be reshaping their idea of how divorce proceedings should occur. A recent New York Times article detailed a new project based in Sacramento, California that offered a “Do- It- Yourself” spin on simple divorce filings. While this concept may…
Read MoreWho is responsible for children’s private school tuition?
A recent New York Supreme Court case, held that the court may direct a party “to pay educational expenses where appropriate and as justice requires given child’s best interests and circumstances of the case.” In this case, Kristina P. v. Joseph Q., the parties’ agreements and judgment of divorce were silent regarding the responsibility for…
Read MoreNY Courts Extend More Parental Rights to Same-Sex Partners
The New York Supreme Court recently had to decide an issue of child custody and visitation in a same-sex marriage. In Wendy G-M v. Erin G-M, during their marriage, one spouse underwent artificial insemination, became pregnant and gave birth to a child. The question for the court in this case is whether the other spouse, the…
Read MoreFive Custody Myths Divorcing Parents Need To Know
There are many different rumors and stories that circulate regarding separation and divorce, some of which are true and some of which that are not. The Huffington Post posted an article to their website debunking some of these myths called “Five Custody Myths Separating Parents Need to Know.” The first myth disparaged was that “mothers…
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