Custody
Age 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 MoreLegal Separation or Divorce: Which Choice is Right for You?
Can your actions during a legal separation affect your custodial rights in a subsequent divorce judgment? In a recent Second Department case, the court answered this question in the affirmative. In Eison v. Eison, a married couple chose to legally separate instead of filing for divorce. The couple remained separated for several years, and during…
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 MoreTips For Successful Co- Parenting
For couples with children, the only issue that is perhaps more difficult than the actual decision to divorce, is how to successfully co- parent with one’s former spouse. Whether the kids live with Mom or Dad, within the same town or across the country, various issues are bound to arise and it is imperative that…
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 MoreHow To Tell Your Children You Are Getting A Divorce
The Huffington Post recently posted an article entitled “9 Tips for Breaking Bad News to Kids.” The authors offer advice to parents on how to tell their children that they are getting divorced. The first recommendation they give is to “write it out.” This is a very serious and emotional conversation that you will partake…
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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