Articles Posted in Child Custody

Kissing-Parents-300x200In a previous blog, we began discussing the basics of “Maltreatment” in cases involving children. The term “maltreatment” can be somewhat complex, as it often refers to a number of different acts which might put the child in the case in danger. Maltreatment might be identified as “negligence” or direct endangerment of the child. It could also apply to situations wherein a care provider has failed to properly look after a child in their charge.

Child maltreatment cases can emerge in everything from personal injury law, where parents or officials may make a claim against an individual for maltreatment, to family law, where a party may use a finding of child maltreatment to reduce a spouse’s exposure to a child.

To further define what “maltreatment” may entail in the legal landscape, particularly the world of family law and Child Protective Services investigations, let’s look at some cases wherein the courts of New York explored the issue in greater depth. Continue reading ›

Young-Parents-1-300x207Since I began my focus in matrimonial and family law in 2004 and working as a child custody attorney, divorce lawyer, and mediator throughout New York and Long Island, I’ve discovered some cases are always more complex than others. Cases involving children, for instance, are often the most emotional for everyone involved. This is particularly true when the safety of the child is brought into question.

The duty of ACS, Child Protective Services or a court when dealing with cases involving children is to make sure the child in question remains safe and protected with the order provided.  For CPS investigations this might mean “indicating” someone for child maltreatment or filing a neglect case in family court. In a child custody and parenting time case this means when making orders around custody and visitation, the courts will consider all of the details of the situation surrounding the case carefully, to determine what outcome is in the “best interests” of the child.

A number of factors can contribute to a determination of a child’s best interests, including any evidence presented by an individual or party in the case, and the accusations made by plaintiffs during a child custody or divorce case. One particularly worrisome concept is when an individual is accused of “maltreatment” of a child. Continue reading ›

Meditation-Coach-300x200Welcome to the last edition in our series of articles and guides on parenting time and visitation. Through the course of this series, we’ve talked about various factors which might be relevant when you’re making decisions about visitation and parenting time following a divorce.

Although all aspects of divorce can be stressful, choices made about the care of children are often the ones that cause the most complexity for many of my clients. Each parent may believe they are doing what’s best for the child when they ask for specific agreements and orders to be made. However, not all parents will naturally agree with each other about what should happen next.

In this segment of our parenting time bullet point guide, we’re going to be looking at the concept of mindfulness in child custody and parenting time arrangements, and what may happen if you decide to discuss visitation issues during mediation. Continue reading ›

Female-Judge-300x200Welcome back to another addition to our series of bullet-point guides on parenting time and visitation in child custody cases. As you’ve likely noticed throughout the course of these series, parenting time decisions can be a source of significant stress and complexity for a lot of couples.

Even if your relationship came to an end in an amicable way, each parent may disagree on how to ensure they get the best for their children. Unfortunately, not all parents will see eye to eye when it comes to defining the best interests of the child. So far during this series, we’ve looked at various factors that can come into consideration when a court is making decisions about parenting time orders.

Now, we’re going to examine the statements a child custody attorney, like myself, might make when representing a client during a case for visitation and parenting time. Continue reading ›

Parents-adventure-300x200Recently, I’ve been publishing bullet-point guides on the topic of parenting time and visitation in child custody and divorce cases. So far, we’ve covered a lot of different points that may arise during these complex cases. In this segment of our guide, we’ll be looking at a quick snap shot about appeals, and when orders may be upheld, or reversed.

In the New York courts, decisions made about child custody, visitation, and parenting time rights must always focus on the “best interests” of the children standards. This means the courts will carefully consider all of the circumstances of the case, before issuing an order considered to be in the best interests of the child or children involved.

Of course, there will be occasions when the parents in a divorce or separation case will not agree that the order is right for the child. When this happens, parents may choose to work with a child custody attorney to appeal the decisions made by the court. Continue reading ›

familyfloor-300x200In child custody, visitation, and parenting time cases, a lot of issues can come to the surface. While any family law case can be a complicated and emotional experience for everyone involved, cases which include children are often particularly difficult, because everyone has strong opinions about how the case should be settled.

In many cases, I find that parents end up agreeing to their own idea of the perfect parenting time and visitation strategy through mediation with a professional like myself (when I am a mediator for the parties, I am neutral and meet and speak with the couple together from the outset and throughout). This agreement can then be given to the courts for their approval. However, in other circumstances, for couples that choose litigation as their divorce process, the case may need to go to the courts. In this bullet-point guide series, we’re looking at some of the major factors parents and other parties may need to know when addressing parenting and visitation time cases.

In this section, I’ll be talking about forensics, and when they might be ordered by the courts to help with making decisions about a child’s wellbeing. Continue reading ›

Parents-Waving-300x200Parenting time and child visitation cases are often some of the most complicated for any family to deal with. Unfortunately, when two parents get a divorce, or decide to separate, decisions need to be made about how the custody of the child should be split between the two people.

In many cases, it’s possible for two parents to come to an agreement based on the perceived best interests of the child. Unfortunately, after a while, one parent or another might decide that the order of child visitation or parenting time is no longer appropriate for the situation. This is when people come to Child custody lawyers like me for help requesting a modification.

In this section of our parenting time bullet guide, we will be looking at occasions when the courts may dismiss a request for modification for custody and parenting time without a hearing. We will also be touching on sobriety as an issue for visitation cases. Continue reading ›

ParentsPark-300x200Parenting time and child custody cases often go hand-in-hand. Once a person has been granted primary custody over a child, the other parent in the case will often receive some type of order in terms of parenting and visitation time (if it is requested). This ensures the child can build or continue a relationship with both parents.

Of course, making decisions about how much time a child should spend with either parent isn’t always easy. Often, people will argue that an order should be modified if they feel something needs to be changed about the parenting schedule.

In today’s bullet point guide, we’ll be looking at the modifications that may occur in a case regarding child custody and visitation following accusations of parental alienation and interference. We’ll also be briefly looking at the evidence time period for a modification of custody and visitation orders in New York. Continue reading ›

Kid-Piggyback-300x238Welcome to another addition in this bullet point guide on parenting time and visitation in family law. As you may know if you’ve read some of the other blogs on this website, parenting time and visitation issues are a common cause of arguments and unrest in many divorce and separation cases. People are often unwilling to compromise when it comes to seeing their children.

Often, it’s difficult to determine when the “right” time might be for visitation to a non-residential custodial parent. I have worked with countless clients in the past who have preferred to use their own schedules, rather than pre-set suggestions common in the legal landscape.

Today, we’re looking at how parenting time can be affected by considerations like school nights, and even difficult global situations. Continue reading ›

FamilyOutside-200x300Welcome to another segment in our series of Parenting Time bullet point guides. Over the last few months, I’ve been creating a series of helpful curated guides, taking information from elsewhere in this blog, and placing it in a more consumable format. These bullet-point guidance documents are intended to offer quick answers to questions you might have about aspects of family law.

In this series, we’re looking at parenting time and visitation – a concept that has some different nuances in family law. Any case which involves the care of a child is often exceedingly difficult for any parent to deal with. This is why it’s so important to be aware of your rights, and the kind of decisions you’ll need to make in these situations.

This part of our parenting time bullet guide will cover the topics of parent education and defining the “primary caretaker” in a family law cases. Continue reading ›

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