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Child Custody

Recent Posts in Child Custody Category

  • Marijuana Use & Child Neglect

    Impacts of Recreational Marijuana on Child Custody in New York Recreational marijuana was recently legalized in New York on March 31 st , 2021. Although the Empire State has long decriminalized simple marijuana possession, legalizing cannabis for recreational use is a significant step forward. Being the 16 th state to legalize recreational marijuana, New York is following a path that many would ...
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  • Co-Parent Disputes Over In-Person Learning During COVID-19

    Factors to Consider for In-Person Learning During the Pandemic COVID-19 cases continue to decline as the vaccine rolls out throughout the nation, and as a result, life is slowly returning to normal. Schools, restaurants, and offices are some of the many places that are opening back up, leaving parents questioning whether or not to send their children back to school. According to a national survey ...
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  • Will Child Support Take the Third Stimulus Check?

    Could My Stimulus Check Get Garnished for Child Support? The third round of stimulus checks from the federal government is here. Many Americans have already received their $1,400 checks, and many more will receive the deposit over the next several weeks. As relieving as it is to finally get the financial support you’ve long awaited, don’t forget about your past-due child support payments . If you ...
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  • Co-Parent Disagreements on COVID-19 Vaccine

    Disputes with Your Ex Over COVID-19 Vaccinations for Your Children The COVID-19 vaccine is rolling out faster than initially expected, meaning children could access the vaccination sooner than we know it. This means co-parents should start discussing whether or not they want to vaccinate their children. While authorities are strongly encouraging Americans to get vaccinated, ultimately, the ...
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  • Drug Use & Child Custody

    Can a Parent Lose Custody for Drug Use? 19.7 million American adults aged 12 and older had a substance use disorder in 2017, while almost 74% of those adults also struggled with alcohol abuse, according to the National Survey on Drug Use and Health. That same year, 1-in-8 adults had both alcohol and drug use disorders. As you can see, drug abuse is widespread in the United States. The impacts of ...
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  • Does Religion Affect Child Custody Arrangements?

    Religion & Child Custody in New York Divorce Cases Child custody tends to feel like a never-ending battle. Disagreements can span a vast range of areas, such as where the child will go to school, visitation schedules, medical treatment for the child, and so on. One particular question that we aim to address, however, is whether or not religion impacts child custody arrangements. Religion tends to ...
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  • 5 Ways Divorced Parents Can Prepare for the Holidays

    Easing the Stress for Divorced Parents & Their Children The holiday season is here, meaning many divorced parents are preparing themselves and their children for what’s to come. The reality is that many visitation and child custody schedules restrict divorced parents from spending time with their children during the holidays, making it challenging for them to keep their spirits bright while ...
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  • Co-Parenting in COVID-19: Key Questions to Ask Yourself

    Co-Parenting in a Time When the Unexpected Is to be Expected Co-parenting has been a struggle for numerous divorced parents, but COVID-19 has made it harder. School, sports, extracurricular activities, and playtime are at the core of many children’s daily routines, however, these experiences have been significantly interrupted by the pandemic. As a result, divorced parents must work to manage the ...
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  • Extraordinary Circumstances in Child Custody Cases

    Are You Filing for Child Custody as a Nonparent? Anyone who plays a significant role in a child’s life may petition the court for custody , even if they’re not the parent. This can occur in cases where one parent has sole physical and legal custody of their children because the other parent is essentially out of the picture. As such, grandparents, siblings, and other relatives are granted child ...
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  • How Does a NY Judge Determine Child Custody & Visitation?

    Custody & Visitation in New York Divorce Cases Divorce is far more than a separation between two people. It’s a separation of families and livelihoods. When children are involved, family courts prioritize their needs and wellbeing above all else. That’s why New York requires child custody and visitation of children who are 17 or younger to be decided before a judge grants a divorce. After all, ...
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  • Why Divorce Can Be Harder on Men

    It’s common for people to believe women are more emotional than men. After all, men can be viewed as “weak” if they cry or wear their emotions on their sleeve. Women on the other hand, are expected to have emotional highs and lows and cry sometimes. Since women are believed to be emotional creatures, people can mistakenly believe that divorce isn’t as hard on men, but that’s not necessarily the ...
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  • Why a Noncustodial Parent May Not Want to Move Away

    When parents get divorced, the one constant is change and the family courts are well-aware of this fact. If you’re getting a divorce , your life now will probably look very different five years from now. Why? We say this because it’s normal for divorcing individuals to change careers, to go from being a homemaker to someone in the workforce, to remarry, relocate, and to move to another town – all ...
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  • Will the Richer Parent Win Custody?

    In the past, it was typical for family courts to award custody to the mother because it was extremely common for mothers to be their children’s primary caretakers – the ones who fed their children, dropped them off and picked them up at school, took them to doctors’ appointments, ran them to extracurricular activities, and so on. But now that it’s the 21st Century, much has changed. With so many ...
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  • Reasons to Reconsider Moving Away from Your Kids

    When couples divorce, the one constant is change. If your life were to be exactly the same as it is now in 10 years, it would be surprising. In the context of divorce especially, divorced spouses remarry, they move, they change their employment status, they go back to school, their careers take off, they get into accidents, they become disabled, and so on. If you’re getting a divorce and you have ...
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  • Can Marijuana Use Affect a Divorce Case?

    As an adult resident of New York State, you’re probably well-aware of New York’s efforts to decriminalize marijuana, especially since there has been a lot of buzz about it in recent years. As of this writing, when someone possesses 28 grams or less of marijuana, it is technically a “violation.” The individual will not go to jail and all they face is a $50 fine. Possession of marijuana is not a ...
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  • 3 Main Reasons a Parent Can Lose Custody

    After a divorce or breakup, it’s not uncommon for parents to end up being afraid of losing custody of their kids to their ex. We’ve heard clients being afraid because they work too much, because they leave their children home alone a lot, because they’re not there when their kids get out of school, or because they think they rely on nannies and babysitters more than they should. If you’re worried ...
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  • Can Child Custody Orders Be Changed in New York?

    For many parents on the road to divorce , the court process can be daunting, especially when it involves their children. Even though it can be intimidating to have your time with your own children laid out in an official court order, that doesn’t mean it will always be set in stone. A lot can change. What a lot of newly divorced parents don’t know is that child custody orders are open-ended. This ...
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  • Can I Stop Paying Child Support if I Can't See My Kids?

    Unfortunately, divorce does not always end the conflict between people who have children together. Even after the divorce, arguments can arise. Sometimes, former couples fight about the same issues, and other times new conflicts surface. When such disputes occur, it’s not uncommon for the custodial parent to not let their ex-husband or wife (the noncustodial parent) see their children. When ...
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  • How Child Custody is Handled Over the Holidays

    Now that it’s mid-December, we are smack in the middle of the holiday season. This is the time of year for hot cocoa, snuggling up by the fireplace, holiday feasts, work Christmas parties, Hanukkah, Christmas lights, white elephant parties, and New Year’s celebrations. For intact families, the holidays are usually a joy. The holidays mean coming together as a family and celebrating time-honored ...
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  • Fighting Parental Alienation

    When parents become legally separated or divorced, one of the parents may engage in parental alienation – the act of turning one’s children against their ex. While parents do this for reasons we can understand, it’s never acceptable for reasons that we’ll explain. Divorce can be an extremely upsetting event. Virtually every aspect of a person’s life is turned upside-down in a very short time. ...
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  • Divorcing Spouses: What You Need to Know About ATROs

    When we mention the term “Automatic Temporary Restraining Order” (or ATRO for short), a lot of people assume we’re talking about a restraining order in a domestic violence case where a divorce client needs protection from a spouse who is physically abusive. While domestic violence restraining or protective orders are frequently involved in divorce cases, especially where child custody is an issue, ...
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  • At What Age Can a Child Choose Custody in New York?

    There is a misconception floating around about children being able to choose which parent to live with once they reach a certain age, such as 12, 13, or 14. If you heard that once a child turns 12 or 13 in New York, he or she can choose which parent to live with, that’s not exactly true. Sorry to be the bearer of bad news, but children do not have the power to choose their destiny in child custody ...
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  • Modifying a Child Custody Order in New York

    The court understands that life is ever-changing and that custody orders occasionally need to be modified to accommodate them and to ensure that a child’s best interests continue to be protected. If you believe that your current custody arrangement is not in the best interests of your child, you need to consult with a skilled family law attorney to find out if you have a viable reason for seeking ...
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  • What Is Emergency Custody?

    If you know of a child in a dangerous situation, you have a responsibility to do something about it. What is emergency custody, and more importantly, how can you apply? Keep reading to find out. Definition of Emergency Custody Emergency custody is court-issued temporary guardianship of a child during emergency situations. In the event the child’s current living situation is unsafe or hostile, the ...
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  • Can My Divorce Decree Be Modified?

    For many couples, a divorce signals the end of a relationship. Each spouse in a relationship can move on to bigger and better things, start a new relationship, move to a different state, and so on. However, this ease of change is harder for people who had children during the marriage or who have to pay spousal support after the relationship is over. Because the court is designed to be a place of ...
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