Child custody and time-sharing arrangements in New York are determined based on the children’s best interests. In some cases, a forensic evaluation is ordered. This may include general and specialized psychological testing and clinical interviews of the parents and children. In some cases, collateral information is also gathered, and home…
Long Island Family Law and Mediation Blog
Proof of Child Support Payments and Cash Payments In New York
The New York Family Court processes petitions for child support, establishes new child support orders, and determines whether a modification should be made to an existing child support order. It is possible to also utilize the Supreme Court to establish, enforce or modify child support, particularly in a divorce or postjudgment divorce…
Validity of a Universal Life Church Marriage and Prenuptial Agreement
In New York, an antenuptial agreement that goes into effect once the parties are married may be valid even if the minister that solemnized the marriage received his authority from an unconventional religion. In Oswald v. Oswald, the court considered the effect of a antenuptial or prenuptial agreement after a marriage ceremony performed…
The Primary Caretaker Standard in New York Child Custody Law
Child Custody disputes and Divorces are complicated at the best of times. Often, legally breaking down a relationship becomes moredifficult when children are involved. When a mother and father choose to separate or divorce, they not only have to think about the steps that should be taken to improve their…
Evidence Time Period for Modification of a Stipulation to a Child Custody Order in New York
When you apply for a modification of an earlier order in a New York child custody dispute, you’ll have to present evidence showing a change of circumstances to justify that the modification is necessary to protect a child’s best interests. If you stipulated to the earlier order there is case…
When Is New York Mediation Appropriate in High Conflict or Abusive Relationships?
Resolving issues in a New York divorce through mediation is usually less expensive than asking the court to resolve them through trial. However, certain conditions are necessary to mediate matters like property division, spousal support, child custody, and child support. The primary condition that needs to be present is the ability…
Can Divorce Mediation Work in High-Conflict Relationships?
Many people assume that the only way to handle a divorce with a high-conflict partner is to buckle down for arollercoaster ride of litigation and court appearances. However, one point of view is that this just leads to additional conflict, and a lengthy divorce procedure that can cost a lot…
Enforceability of Marital Agreements in New York Involving Jewish Law
New York has a history of having a concentrated population of Jewish people who observe Jewish law. Currently, observant Jews who want to be divorced must effectuate a divorce that is valid under both Jewish law and New York state law, or they can choose not to marry under secular law and…
Enforceability of Islamic Marriage Agreements in New York Made in Front of an Imam
Under Islamic law, marriage itself is a civil contract, and both spouses must have the legal ability to make a contract to create an enforceable marriage. Traditional Muslim marriage contracts include a provision called mahr. The mahr is automatically a wife’s separate property under Islamic law, and it supposed to…
Evictions of Family or an Adult Child in New York
In New York, parents owe an obligation to pay child support until their child is 21. The child support obligation is usually paid to the other parent. However, for other purposes such as child custody, children become adults at age 18. When a parent-child relationship breaks down, but there is…