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Visitation

Father 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…

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Tips 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…

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NY 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…

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Five 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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When Can a Parent Relocate From New York With a Child?

Best Interest Of The Child Standard In the New York Court of Appeals case Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, the custodial parent sought permission to relocate from Onondaga County to the Schenectady area so that she could settle into a new home with her fiancé and raise her sons within a…

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Constructive Emancipation in New York Families

We’ve heard the stories of celebrity children emancipating from their parents in order to take control of the money they are making:  Actress, Drew Barrymore; Olympic gymnast, Dominque Moceanu; and Actor, MacCaulay Culkin, to name a few.  But, what about us regular folks?  Can the average child emancipate himself or herself from the control of…

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New York Passes No Fault Divorce Bill

On Sunday, August 15, 2010, Governor Paterson signed a bill making New York the last state to allow no fault divorce.  This means that instead of accusing your spouse of committing adultery, constructive abandonment, or cruel and inhumane treatment, or, entering into a separation agreement for one year, one spouse must swear under oath that…

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What to Prove When You Want to Move

After a divorce it is not uncommon for the custodial parent to relocate to another city or state with the child.  There are many reasons custodial parents move: to be closer to family, to obtain better employment, or to embark on a new life with a new partner.  Courts are very reluctant to allow the…

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