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Child Custody




Recent Posts in Child Custody Category

  • 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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  • Who Gets the Kids While Custody Is Being Decided?

    Divorce can sometimes be a disorienting process, particularly for parents and their kids. Sometimes parents are also unaware of who should take custody of the kids during the divorce, or they can’t agree on who should temporarily be in charge. If you and your spouse are still living together during the divorce, you both will share custody of the kids. Custody doesn’t become an issue until one of ...
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  • 3 Fun Day Trips to Take with the Kids

    New York is full of places to take your children if you have custody for the day. New York City (NYC) is full of fun activities and attractions for kids and teens. From parks, museums, and restaurants to large toy stores. Here are 3 of our recommendations for where to take your children for a fun and relatively inexpensive day trip. American Museum of Natural History The American Museum of Natural ...
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  • Things Parents Should Never Do in a Divorce

    Divorce is stressful for the whole family, but it can be especially hard on your children. If you and your spouse are going through a divorce, you can help your children to adjust to the changes with some simple actions. It is possible that you can cause even more stress for your children, however. Protect your children and learn what you should never do during a divorce. Avoid Fights in Front of ...
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  • How to Establish Paternity in New York

    When a child is born outside of a marriage, even if the biological paternity is 100% certain, they are still said to have no legal father. For this reason, the biological parents may wish to also establish legal paternity, regardless of their decision to marry or not. Establishing paternity is extremely important to every party involved, as there are numerous rights that all three parties will ...
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  • Are Mothers Shown Preference in Custody Cases?

    Custody is one of the most important aspects of any divorce . The happiness and future security of your child is at stake in these cases. How is such a crucial decision made without bias? New York Family Law Courts enforce state laws that comply with the Uniform Child Custody Jurisdiction and Enforcement Act. According to these laws, custody decisions must be made in the best interests of the ...
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  • Legal Custody vs. Physical Custody in New York

    The prime objective of most parents during divorce is to gain custody of their children. What they usually do not know, however, is that there are different types of custody that can be awarded. In the state of New York, and in many other states, child custody takes two forms: legal and physical. Legal vs. Physical Custody – What Is the Difference? Generally speaking, when people hear the term ...
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  • Do Grandparents Have Rights in a Divorce?

    New York family law courts are always concerned with what is in the best interests of a child when his or her parents are going through a divorce . While most of the time child custody and visitation matters involve only the parents, if it is better for the kids, a grandparent’s rights will also be considered. Such situations may be uncommon but they are not unrealistic. Grandchild Custody ...
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  • What Rights Do Fathers Have in Custody, Support & Visitation?

    During a divorce a father has a certain set of rights that they have inherited just by being a father. Maintaining or upholding those rights, however, might not come automatically. Instead, a father going through a typical divorce today may have to fight for his right to take care of and see his children. Child Custody, Support & Visitation Rights for a Father There is an old notion in family law ...
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  • How to Prepare Your Children for Divorce

    Amidst the various frustrations, emotions, and stress that adults experience during divorce , it can be easy to lose sight of how this affects our children as well. From a child’s perspective, the divorce of their parents is a tumultuous change that can turn their world upside down and disrupt every routine that they have ever known. This may cause a child to lash out, feel unloved, blame ...
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  • How to Enforce Support or Custody in New York

    If you managed to work out child support and child custody agreements with your ex-spouse following your divorce , a great weight was probably lifted off your shoulders. If your ex has become stubborn and is starting to ignore support or custody orders, an even greater weight has probably been dropped right back onto you. Do you need to put up with their inappropriate behavior? Or is there ...
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  • Relocation in Custody & Visitation Matters

    Hopefully after your divorce is finalized, you and your ex-spouse have worked out some sort of child custody and visitation schedule that benefits both of you. Nothing feels quite as awkward and uncomfortable as knowing that your marriage ended on unfair, one-sided terms, or with an agreement that is overly complicated or inconvenient. This is why it can be so upsetting to learn that your ex wants ...
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  • "Best Interest of the Child": How the Family Court Determines Custody

    Need a Child Custody Lawyer in Dutchess County? Call (845) 605-4330 to Request Your FREE Legal Consultation or Contact Us Online ! If you are going through a family legal battle, issues of child custody can be on the forefront of your mind. When parents cannot come to an agreement on what is best for all parties, a judge can be left to determine how child custody will be sorted. In New York, child ...
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