NEW YORK STATE CHILD CUSTODY: Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 240 and New York Case Law]. [...]
Custody of any children of the marriage may be granted to either parent. Factors to be considered are: (1) the age and sex of the child; (2) the safety and well-being of the child; (3) and the moral character of the parents. The wishes of the child are also a factor to be considered. Here [...]
• Do all spouses have the right to visitation? Typically the spouse who does not have physical custody of the child has the legal right to visitation. These rights can be withheld if evidence can be brought forth proving that it is in the best interest of the child not to see the spouse ( [...]
Hiring a Family Law Attorney: Controlling Your Legal Costs If you have discussed the basis and nature of legal fees and costs with your family law attorney and have organised a written fee agreement, you have taken the necessary first step to help you control your legal expenses. Still, there are a few things you [...]
In the matter of child visitation laws, the tenet that all states are moving towards is “what is in the child’s best interests?” If the relationship between you and your ex spouse is particularly bitter, this can raise problems in the court, particularly if either of you are using the issue of visitation rights to [...]
Child Custody Schedules (or Parenting Plans) are a formal statement of how the needs of children are going to be met after divorce. Most fully implemented in the US state of Washington, these plans are attracting increasing attention all over the world as more jurisdictions move from emphasizing parental rights to encouraging parental responsibilities. Typically [...]
In keeping with the family court doctrine of “the best interests of the child”, most states require substantial evidence that a parent’s extra marital affairs has harmed the child or is likely to harm the child before factoring it in a custody dispute. However, this also depends on the law of the state, the facts [...]
Divorce can be one of the most painful and traumatic experiences you may ever have, and it’s even worse when you are involved a fight with your ex for custody of your children. Even though both parents may be able to reach an amicable agreement in the beginning, it is not unusual for things to [...]