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Matrimonial and Family Law Blog

Monday, November 19, 2018

How do I Prove My Ex is Unfit to Have Custody of Our Children?

In most cases, New York family court judges presume that an ongoing, close relationship with both parents is in the best interest of the child. The courts tend to favor joint custody arrangements that encourage parents to be an active participant in the upbringing of their child. However, sole custody may be awarded in cases in which a parent is proven to be unfit or joint custody would be harmful to the child.

If you believe sole custody is in the best interest of your child, you have the burden of proof to demonstrate why your ex-spouse is unfit. You should consult with a New York child custody lawyer to determine if you have valid grounds to declare your ex-spouse is an unfit parent.

Reasons Why a Parent May Be an Unfit Parent

Attacking several of the factors that a judge considers when determining the best interest of the child may help prove a parent is unfit to have custody of the child. Some of the factors that you might use to prove your ex-spouse is an unfit parent include:


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Sunday, November 11, 2018

Do My Children Have To Testify Against Their Parents In A Custody Hearing?

Depending on the child’s age, a judge may take into consideration a child’s reasonable preference when determining custody in New York. However, in many child custody disputes, the court appoints a New York child custody lawyer or Guardian ad Litem (GAL) to represent the child’s best interest. The GAL or child custody lawyer for the child discusses the child’s wishes with the child, depending on the child’s age, and may interview witnesses or other parties. The child’s lawyer or GAL then advises the court what the lawyer discovers, including the child’s wishes, if applicable.

However, in some circumstances, the judge may want to hear directly from the child in a custody dispute case. When the judge wishes to hear from a child, an “In Camera” hearing may be scheduled to protect the child.


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Friday, October 26, 2018

When does child support obligations end in New York?


Child support laws in New York are very clear about the financial obligations of parents to their children. Both parents are expected to provide financial support for the upkeep and well-being of their children. The financial support of a child does not end if the parents separate or divorce. Furthermore, the financial support of a child is not dependent on the parents ever being married to each other.

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Monday, October 8, 2018

What Happens To A Business In a New York Divorce?

A business is considered an asset in a New York divorce proceeding. Unless you can prove that the business is not a marital asset, your business is subject to the equitable property division laws in New York. Equitable division refers to a division of property that is “fair” which may or may not be equal. Therefore, your spouse could receive a smaller or larger percentage of ownership in the business depending on the other factors in your case.

Because a business can complicate a property division case, it is important to retain the services of skilled New York divorce lawyers. Our New York equitable distribution lawyers have experience representing clients who own and operate businesses that were obtained during a marriage, inherited, or acquired before the marriage. We carefully weigh all options with our clients to determine the best course of action to take that provides the best protection of our clients’ best interests when dividing a business during a divorce proceeding.


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Tuesday, September 18, 2018

What Constitutes Emotional Abuse In A New York Child Custody Case?

Emotional child abuse can harm the development of a child. A pattern of emotional abuse can interfere with the child’s social, cognitive, and psychological development. Emotional abuse is not limited to verbal insults. This type of abuse includes isolating, terrorizing, ignoring, rejecting, neglecting, and exploiting in addition to verbally assaulting a child. The results of emotional abuse can be devastating.


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Friday, September 7, 2018

Seven Questions You Should Ask Before Getting Divorced

Couples ask each other many questions while they are dating. Talking and getting to know each other is one of the important factors in a strong, stable relationship. When couples get engaged, they continue to ask questions about their preferences and goals for the future. However, many couples do not invest the same amount of time or attention in asking questions before getting divorced. Our


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Wednesday, August 22, 2018

Should You Record Those Private Conversations With Your Ex When Going Through a Divorce?

Going through a contentious divorce can be very difficult and emotionally draining, especially if your spouse tries to play tricks or use your children against you. Your spouse says one thing to you in private conversations, but tells the attorneys, mediator, and the judge a completely different story. Is there a way for you to document your private conversations so that your spouse cannot change his or her story?


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Tuesday, August 14, 2018

Six Questions You'll Want to Consider Before Committing to Divorce Mediation

In some cases, a divorce action can be settled without lengthy and costly court litigation. Through mediation, the parties settle the issues related to the divorce action so that all they need is a judge to approve the settlement and grant the divorce. In many cases, divorce mediation produces a better outcome than a trail because each party can negotiate terms that are best for their family.


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Thursday, July 26, 2018

Seven Tips to Get You Through Your Divorce Deposition

Depositions are used in all types of legal cases, including family law cases. When you a deposed, an attorney asks you a series of questions that you answer under oath. A court reporter is present to record your answers for the official transcript. Answering questions during a deposition is much like giving testimony in a courtroom. You are under oath, and your answers can be used to challenge your testimony in court if your testimony is different from the answers during your deposition.


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Friday, July 6, 2018

What Happens When Co-Parents Disagree About Cell Phones for Their Kids?

Co-parenting can be one of the most difficult issues parents must face when they separate and divorce. It is usually in the best interest of the child for both parents to remain active participants in the child’s life. For that reason, New York requires parents to develop a parenting plan that outlines the custody agreement and visitation terms for the child. Our


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Friday, June 22, 2018

How Do I Appeal My Divorce Judgment?

In many cases, a divorce judgment is the final order of the court. Even though you might not like the judge’s order, your displeasure is not a valid reason for appealing a divorce judgment under New York laws. However, there are circumstances in which a party may have a valid reason for filing an appeal of the divorce judgment. You should consult with an


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