Child Custody

Monday, April 15, 2019

When Can a Child Choose What Parent to Live With?

It can be difficult for a child when parents divorce. Instead of living with both parents full-time, the child must split time between two homes. In some cases, a child may prefer to remain with one parent instead of the other parent. However, when does a court consider a child’s preference for living arrangements? If your child has a preference regarding custody, consulting a
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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.

A New York Read more . . .

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, 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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Tuesday, May 29, 2018

Five Reasons a Judge Will Not Grant a Child Support Modification

When you are a parent, the state presumes that you have an obligation to provide for your child financially, regardless of whether you are married to the other parent or have custody of the child. All parents are expected to contribute to the upkeep and support of their child. Therefore, New York family laws contain guidelines for child support payments, including the modification of child support orders. Our

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Thursday, March 29, 2018

Can I Report My Father for Not Paying Child Support?

Divorce is hard on families – especially when there are kids involved. One child may identify with one parent and become protected over them. Others will want to seek “justice” when they feel powerless to do so. In some cases, a child of divorced parents may feel let down by one or both parents, especially when one is not adhering to the law or the divorce agreement. This often happens when one parent is unable or unwilling to pay court-ordered child support.
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Tuesday, February 27, 2018

Does my Ex Have Parental Rights in Prison

My Ex is in Prison - Does He Still Have Parental Rights?

Estimates are that about five million children in the United States have a parent who has been incarcerated at some point in their life. A parent who goes to prison significantly impacts the life of a child, especially if they are behind bars during the formative years of their life. The percentage of minors with a parent in prison rose by about 80% from 1991 to 2007, according to the Bureau of Justice Statistics. If your co-parent is in prison and you are concerned about parental rights, it is best to speak with an experienced child custody lawyer. Research shows that children with a jailed parent usually have less of a family income and are usually forced to move frequently.
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Thursday, February 15, 2018

How Do I Get My Ex to Pay Child Support?

You finally got through the divorce and thought that your life would calm down and improve as you and your children found your new normal. Things would be tight financially, but between your job and the court-ordered child support, you will be able to make ends meet. As the months go by, your ex gets later and later in paying the support. Over time, an arrearage has accumulated, putting great financial stress on you, because you still have to figure out how to pay all your bills, clothe, and feed the children without the money your ex was supposed to pay. It may be time to enlist the help of a skilled

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Monday, January 29, 2018

When Can a Child Choose Which Parent to Live With?

Children often would prefer to live with one parent rather than the other when the parents do not live together due to separation, divorce, or having never married. Kids frequently want to know if there is a magical age at which they get to walk into court and choose the parent with whom they will live. An experienced New YorkRead more . . .

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