A court is to set a specified schedule for visitation and not leave it open ended
Modification of an existing court-sanctioned custody or parental access arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests and welfare of the child[ren]. The best interests of the children must be determined by a review of theRead More
Child support is not always set on the income that a parent reports on their taxes
The level of child support is determined by the parents’ ability to provide for their children rather than their current economic situation. A court need not rely upon a party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated future potential earnings. The court mayRead More
I can’t move with my children a mere 12.5 miles ?
YOU MUST BE KIDDING – – I CAN’T MOVE WITH MY CHILDREN A MERE 12.5 MILES ? A parent seeking leave to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child’s best interests. In determining whether a proposed move isRead More
Even if a parent’s drug use is not done in the presence of their child, it can still a basis of child neglect
At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving by a preponderance of the evidence that the subject child was neglected. Unlike other forms of neglect, which require a showing that a child’s well-being has been impaired or is in imminent dangerRead More
And if i overpaid my child support, i can’t get a refund ?
YOU MEAN EVEN THOUGH MY KID GET’S THEIR OWN MONEY EACH MONTH FROM SOCIAL SECURITY, I STILL HAVE TO PAY REGULAR CHILD SUPPORT TO HIS MOTHER ? AND IF I OVERPAID MY CHILD SUPPORT, I CAN’T GET A REFUND ? We further find no error in the Support Magistrate’s denial of the father’s application forRead More
A parent’s ability to foster relationship between child and other parent is a key factor in custody
After finding that a change in circumstances had occurred since the entry of the prior order, Family Court accordingly proceeded to a best interests analysis that, contrary to the mother’s contention, appropriately weighed the past performance and relative fitness of the parents, their willingness to foster a positive relationship between the children and the otherRead More
NYC dad says coronavirus-shuttered Family Court failed him as mom took kids
An unmarried Queens dad whose kids were allegedly whisked off to California by their mom against his wishes says New York’s virus-shuttered Family Court has failed him. “I want to be heard,” said Juan Miranda, 32, who says he hasn’t seen his two sons since mid-June, after their mom abruptly bolted Astoria, relocating to CaliforniaRead More
Debt and Divorce: What Happens to Debt in a Divorce?
Often when a person considers the financial effects of a divorce, they initially only consider how assets might be divided. Marital debt, however, is also divided between spouses during a divorce in New York on an equitable basis. When it comes to the distribution of shared debt in a divorce, you want an experienced NewRead More
How to Lessen the Negative Effect of Divorce on Children
Divorce is never an easy situation, and when children are involved in the process, it is important to take into account how a divorce can negatively affect their lives. In order to minimize the negative effects of a divorce on children, there are some steps that you can take with them and with your spouseRead More
The Divorce Process Explained by a Divorce Lawyer in Queens
Making the decision to file for divorce from your spouse is never easy, but having a better understanding of how the divorce process works in New York can help you make a better informed decision about the situation. There are many requirements and procedures involved in the divorce process, which is why it is alwaysRead More