Recent Posts in child custody Category

  • If you have a valid custody and visitation order and the other parent does not return a child immediately go to a lawyer or directly to the court to file a petition. These orders are enforceable under the law and judges often take a dim view of a parents attempt to utilize “self help” by refusing to abide by a custody and visitation order.
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  • Guardianship v Child Custody Petition

    || 26-Feb-2016

    I am often asked whether a child guardianship or custody petition is appropriate for a non-parent to obtain physical "custody" of a child. Many attorneys assume that this must be a guardianship petition but this assumption is incorrect. When a guardianship petition is filed it must be accompanied by a home study which can cost an individual hundreds of dollars. A simply way to avoid this ...
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  • When Can You Record Another Person in New York State?

    || 21-Dec-2015

    I am often asked whether or not one can record another person. This issue comes up most often during custody issues when allegations are contradictory as to what is being said between parents. The answer to this question can be complicated but the short answer is one can record another person so long as one party to the conversation knows that it is being recorded. As such, a recorder cannot be ...
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  • Violations and Custody/Visitation Orders:

    || 19-Aug-2015

    Once a court order for custody and visitation has been entered all parties to the agreement are mandated by the Courts to follow those orders. Should one party violate the order, a petition alleging a violation can be brought before the Courts. As part of this Violation Petition the Court has the power to enforce the agreement or make changes to the custody and visitation petition. For instance, ...
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  • The Dangers of Parental Alienation

    || 23-Jan-2015

    Parental Alienation is a newer concept for the courts. While many people claim alienation is taking place by one parent against the other, many times this is not the case. When alienation is really occurring it is a traumatic event in both the lives of the parent who is being alienated as well as the children. Both Mothers and Fathers are equally responsible for the acts associated with ...
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  • Relocation of Children

    || 15-Jan-2015

    Many people come to my office to discuss relocating with their child out of state and away from the child's non-custodial parent. While this can be difficult it is not impossible to do. The law essentially states that you cannot relocate with a child away from the non-custodial parent when that relocation will interfere with the non-custodial parent's access to the child. This interference ...
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  • Medical technology may change the face of child custody disputes

    || 20-May-2014

    One celebrity story may actually have relevance as far as family law cases are concerned. Jason Patric apparently fathered a child by being the sperm donor for another woman. After the child was born he had a continuing relationship with the boy. However, at some point the mother decided to withhold visits. Patric now would like to regain visitation rights with the son and establish a parental ...
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  • Whatever reasons for a divorce, the property needs to be split

    || 22-Apr-2014

    According to New York State Department of Health statistics, divorce rates have increased in our state during recent years. While it's not entirely clear why the numbers have increased, it does appear that many individuals put off divorce during the recession years only to wait until divorce seemed more affordable. It must be kept in mind that many of these couples would have divorced ...
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  • Family law disputes involving children need to remain kid-focused

    || 7-Apr-2014

    According to a New York child psychiatrist, children suffer greatly in a divorce due to their almost total dependence upon their parents. When children perceive that one parent is no longer reliant upon the other parent, they may feel that they may also not be cherished. The reaction of children in the event of a divorce may be dependent upon their age. However, an adjustment period is likely for ...
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  • Case overloads in family law court present various problems

    || 27-Jan-2014

    The New York State Bar Association plans on lobbying for the creation of 20 new Family Court judgeships to be created across the state. As caseloads in family courts appear to be large, there appears to be a need to for judicial resources for families litigating matters in court in hopes for a solution. A chairperson of the state bar task force feels such efforts have been overlooked "and it ...
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  • Eliot Spitzer, Silda Wall end marriage with uncontested divorce

    || 17-Jan-2014

    Former New York Gov. Eliot Spitzer and his wife, Silda Wall, have filed divorce papers. The two reportedly settled all of their divorce matters outside of court in the uncontested divorce. The couple, who had been married for 26 years, announced that they were breaking up in December. In most cases, uncontested divorces are more beneficial for individuals than contested divorces. Uncontested ...
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  • What is a PINS petition and how are they handled in family court?

    || 11-Oct-2013

    Ask any parent in the state of New York and they will tell you that being a parent is no easy task. Most parents encounter the usual amount of disobedience from their children with situations such as refusing to clean their room and talking back to a parent. But when this disobedient behavior escalates to skipping school repeatedly or physically abusing an adult figure, then that child quickly ...
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