Visitation
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…
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…
Read MoreWhen 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…
Read MoreConstructive 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…
Read MoreParental Alienation on Planet Earth: How Courts are Protecting the Alienated Parent
Have you, as the non-custodial parent, ever felt like your spouse is alienating you from your children? That your child no longer wants to visit with you for no apparent reason? Or that your child has been uttering words or phrases that are not age appropriate regarding why they do not want to visit with…
Read MoreVirtual Visitation: Judge Orders Skype Visits To Allow Mom To Move With Children
The ABA recently published an interesting article regarding a local Suffolk County matrimonial action. The case, Baker v. Baker, involved an ex-wife who was looking to relocate to Florida with the parties’ two children to be closer to her family and find better employment. As noted in my July 27, 2010 blog post “What to…
Read MoreNew 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…
Read MoreWhat 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…
Read MoreBehind the Scenes of Cinderella: The Legal Rights and Obligations of Lady Tremaine
We all know the fairytale of Cinderella – the evil stepmother, two mean stepsisters, and the fairy god mother who saves the night. Let’s focus on the evil stepmother. Unfortunately for Cinderella, her beloved father passed away leaving her in the care and custody of Lady Tremaine (a.k.a. the evil stepmother). Lady Tremaine forces Cinderella…
Read More