Articles Posted in Child Custody

As a child custody lawyer, divorce attorney, and family law lawyer, I’ve been involved with several different divorceLawyerpinstripe-300x200 trials across Long Island and New York. While the specifics of these trials might change from couple to couple, it’s worth noting that the formats and many strategies attorneys typically use to present a case in front of a judge or jury have similarities. One of the most important elements involved in a divorce trial is the process of “direct examination”. This is the method that lawyers like myself use to outline facts and introduce exhibits, through our witnesses for the person we’re representing in any specific divorce case.

In the legal world, the concept of direct examination is used to refer to circumstances within a litigation trial, where the attorney questions his or her own witness to help give greater context and detail to a situation. After one side questions their witness on direct examination then the lawyers for the other parties, such as opposing counsel and sometimes the attorney for the child or children question the cross examination, where both attorneys can ask questions of the witness for the trial. I typically use direct examination as a way of getting to the bottom of the story with a witness, uncovering as much vital information as possible that can be used to support my client. Continue reading

A marriage is about joining two lives together at multiple Lawyer-with-Judge-300x200different touchpoints. When you agree to a marriage, you interweave almost every aspect of your life with your partner. For that reason, when a divorce takes place, it can be very complicated to untangle the situation, and make sure that both people come away feeling in-tact, and secure. While some cases of divorce can be handled with alternative dispute resolution strategies like mediation and collaborative law, some will eventually find themselves in front of the New York court. If your divorce requires litigation, then it’s worth understanding the different elements of a divorce trial, which you may need if your case does not settle ahead of time.

The opening statement for a divorce trial is basically the introduction to your case. It gives the judge context that they can use to understand the story behind your divorce. Petitioning parties in New York courts provide their opening statement to begin with, before the responding party has their opportunity. The important thing to remember about opening statements is that they’re generally not argumentative. Divorce lawyers like myself are not permitted to comment on the credibility of the other side during these statements, nor can we craft a story in an attempt to appeal to prejudice or passion. Continue reading

There are various elements involved in ensuring the best results fromJudgesbooks-300x200 a child custody case. Closing statements are one of the unique and valuable opportunities that child custody lawyers use when attempting to present their side of the story to the judge. Because managing a case with children involved can be particularly tricky, a summation or closing statement can provide a memorable way to draw all the facts of the case together into something that the judge can use to make their decision. Otherwise known as a “summation”, a closing statement, when performed by an effective child custody lawyer or divorce attorney, can sweep away any pre-existing feelings that the judge had, and replace their thoughts with a new insight into a custody case and why their clients desires are in the best interests of the child or children.  After all, that is what a child custody and parenting trial is all about.   

To some degree, a closing statement is similar to an opening statement. For instance, in both the opening and closing statements, the attorneys for both parties will have the opportunity to directly address the judge, and “discuss” the case, giving them a framework for understanding the role of each party in the case, and how the evidence should be considered. However, a closing statement can involve arguments that allow the child custody attorney to make their point more effectively, whereas an opening statement requires the lawyers for both sides to stick to the facts. Though arguments can be made about the evidence and how it was presented to help sway the judge or undermine the other party’s case, it’s worth noting that there are rules to follow. Continue reading

After a divorce is finalized, the former husband and wife will go their separate ways. When the former couple has children together, this may result in one of the parents leaving the state with the children. While the state overseeing the initial divorce proceeding generally issues an initial custody order, that order is subject to revision.

U.S. MapCustody orders can be revised by either the state where the original proceeding occurred or, under some circumstances, by the state where the child resides. A common issue in New York family law cases is the state’s ability to enforce custody orders that were made by another state.

The Uniform Child Custody Jurisdiction and Enforcement Act

Lawmakers understand that situations like the ones discussed above are likely to arise, and as a result, they have developed a uniform act to streamline custody proceedings across state lines. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been adopted by 49 states, including New York, and provides guidelines as to which court has the power to issue binding custody determinations and modifications. It also allows for consistent enforcement of out-of-state custody determinations.

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Child custody trials can be very challenging experiences for every individual Lawyer-Justice-Scales-226x300involved. After all, they require the court to consider the best interests of a child when moving forward after a divorce case. An important element to remember is that while many professional techniques are used during a child custody battle, no-one really “wins”. Instead, the best arrangement will be suggested based on the unique needs of the child, and the ability of a parent to provide the healthiest upbringing for that child.  It is very much preferred for parents to be able to make agreements as to what the custody and parenting time arrangements for their children will be.  Trials build the animosity between the parties and thereby are harmful to the children.  That being said, custody hearings and trials happen as people involved in a custody battle sometimes cannot or will not settle.

Opening statements represent the start of a custody trial.  Often times custody lawyers choose to waive opening statements as the trier of fact in the case is a judge (there are no jury custody trials in New York), not a jury, and the judge most likely would rather proceed to the testimony rather than hearing opening statements.  Opening statements are not evidence so a judge might actually appreciate the first witness being called who can provide evidence by their testimony, rather than hearing the musings of the child custody attorneys.  Continue reading

When it comes to pursuing the best interests of a child in the case of “child Kitchen-couple-fight-300x200custody” there are many different paths for an individual to choose. For instance, some partners considering divorce who must think about child custody concerns will decide to undergo a professional course of mediation, Mediation allows couples to negotiate over potential outcomes for their child, in a setting that allows each side to have their say, without the emotional hardship of litigation. On the other hand, there’s also a “middle-ground” between mediation and litigation that’s known as collaborative law, where spouses will work alongside divorce attorneys and other experts to make decisions regarding parenting time and visitation rights.

Of course, there will always be some cases in which the only option to truly outline the best interests of the child, will be to take the matter to court. In front of the New York Court, divorce attorneys and child custody lawyers will attempt to present a case that shows their client as being the care-provider who can offer the best future for the child in question. This will help the court to make a decision regarding the “best interests” standard for child custody. To present a case fully, attorneys like Mr. Shapiro will frequently use questioning in the form of direct examination, and cross examination.

The Difference Between Cross Examination and Direct Examination

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There are various ways to approach a child custody case. For some parents, the ChildGlasses-300x258best solution to negotiating things like parenting time, visitation, and custody, will be to consider an amicable approach featuring settlement negotiations, collaborative law or mediation. Indeed, many couples believe that mediation is a powerful option for cases regarding children, as it allows them to limit their risk of exposing the child to painful memories of their parents fighting or uncomfortable emotional experiences such as being interviewed by an Attorney for the Children, a forensic evaluator or a judge. However, avoiding court battles will not be possible for every case. In some instances, the only way to properly pursue the best interests of a child, will be to take the matter to a New York Family court or Supreme Court, and present it in front of a judge.

Litigation in family law is a complex, and often highly nuanced area. There are numerous skills, methods, and techniques that an attorney can use to sway the opinion of the judge, or potentially assist in outlining crucial points in a specific case. One common element of child custody cases, and indeed many litigation circumstances, is the use of “direct examination”. When properly done, direct examination in a child custody case can be used to demonstrate to the judge, or trier of fact, that a person’s request or plan for parenting time or custody is within the best interests of the child or children involved.

What is Direct Examination?

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As a divorce lawyer for the regions of Long Island, the surrounding areas and New York, I like to inform my clients Senior-Couple-300x212that I’m capable of offering them a range of solutions when it comes to dissolving a marriage. While some people will find that litigation is their best option (and I do litigate), others will prefer to access the often time, and cost-effective solution of mediation instead. As a trained mediator, I can offer clients a more collaborative experience when it comes to settling divorce issues.  I routinely litigate, as well as settle cases under the more traditional system, which is set up as an adversarial system (ie.  Plaintiff versus Defendant).  I also work as a mediator or a review attorney for those that choose divorce mediation as their process to dissolve their marriage. Here, I’ll address some of the common questions I encounter about divorce mediation.

Question 1: How Can I get My Spouse to Agree to Mediation?

Often, both spouses need to feel comfortable in a mediation setting for this process to work. As such, my clients often ask me how to convince their spouse to take part in mediation as an alternate source of dispute resolution. Often, I find that the best option is to simply approach the topic from an angle that both of you understand. For instance, if you’re concerned about money, you could acknowledge that mediation is often cheaper than litigation. Alternatively, if you want to defend the children from an emotional process, mediation is often a much calmer approach to divorce. Continue reading

As a child custody lawyer for New York, and Long Island, I know that people involved with a child custody case often Family-Breakfast-300x200have questions about it.  The complexities of best interests and various pre-set standards can make it difficult for parents to understand exactly what they’re getting into when they approach a custody case. With that in mind, I’ve put together this quick introduction into some of the most frequently asked questions I encounter as a child custody attorney.

1.     What Is The “Best Interests” Standard

For most legal matters, the court focuses on resolving issues by considering the past and present behavior of the parties involved. However, in child custody, the court must use that information to look towards the future, and predict which parent may offer a healthier, more successful environment for the child in question. By examining past behavior, and sometimes engaging psychological or other expert testimony, New York Courts must determine outcomes based on their opinion of the “best interests” of the child.

2.     What does the “Primary Caretaker” mean ?

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Today’s blog is a blend of some of my prior blogs and/or website articles over the years on child support. As a New Happy-Blue-Sky-Family-300x200York divorce lawyer and family law attorney, one of the most common types of cases I deal with involves the issue of child support. Under the law of New York State, both parents responsible for a child are required to support their child financially until that child turns 21 years old. Regardless of whether the parents have been involved in a divorce or not, they remain financially responsible for their child.

In any divorce or child support case that I encounter as a family law professional, I find that it’s important to outline the details that go into determining how much child support is possible. Child support is a very complicated matter, and if it’s something that you’ve never encountered before, you might find yourself getting confused, or overwhelmed. Here, I’ll talk a look at a few things that you might not know about New York child support. Continue reading