Child Custody

CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM OTHER PARENT

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Gildin Law
Jan 26
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Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child. The paramount concern when making such a determination is the best

Compassion for the Client, Aggression for the Adversary

By: admin
Suffolk County Divorce Lawyer
Dec 9
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Gildin and Chapman is a boutique style law firm emphasizing all aspects of Family Law, Criminal Defense and Appeals. Both Steven Gildin and Brent Chapman have nearly three decades of legal experience successfully handling literally many thousands of cases from the very first call, throughout all litigation and trial and beyond. With this broad knowledge,

NO VISITS IF PARENT IS NOT VACCINATED

By: admin
Suffolk County Divorce Lawyer
Nov 22
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The Court restricted the non-vaccinated parent’s access to the child until they were vaccinated or underwent regular testing. New York is transitioning towards a “new normal” where citizens are taking precautions to balance staying safe from COVID-19 and its variants alongside the desire to return to some semblance of regular life. The widespread availability of

A JUDGE HAS NO POWER TO DIRECT ADMINISTRATION OF CHILDREN’S SERVICES TO FILE A NEGLECT CASE

By: admin
Suffolk County Divorce Lawyer
Nov 9
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To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte

JOINT LEGAL CUSTODY ORDERED BY THE COURT

By: admin
Suffolk County Divorce Lawyer
Nov 7
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An award of joint legal custody is an aspirational goal in every custody matter and is particularly warranted where the parties are generally able to communicate with one another in a cooperative fashion. Although the parties have had disagreements about certain aspects of parenting, the record demonstrates that there is a modicum of communication and

GIRLFRIEND WHO HAD CONFLICTS WITH MOTHER NOT RESTRICTED FROM FATHER’S VISITS ; AN ATTORNEY FOR THE CHILD IS NOT APPROPRIATE FOR A CHILD THAT IS TOO YOUNG TO COMMUNICATE

By: admin
Queens Family Lawyer
Oct 21
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Family Court has the power to impose restrictions on a child’s interactions with third parties during visitation if it is in the child’s best interests to do so. Here, the record establishes that there were verbal and physical altercations between the mother and the girlfriend during the exchanges of the child. However, there is no

WHAT HAPPENS TO EXISTING CHILD SUPPORT PAYMENT OBLIGATION IF ONE OF THE CHILDREN TURNS 21

By: admin
NY Daily News
Oct 17
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The parties, who have three children together, were divorced by a judgment of divorce dated June 20, 2017. The judgment incorporated, but did not merge, a so-ordered stipulation of custody and access dated December 8, 2016, and a stipulation between the parties resolving issues of, inter alia, maintenance and child support that was placed on

CAN A NON-PARENT OBTAIN CUSTODY OF A CHILD INSTEAD OF THE CHILD’S PARENT?

By: admin
NY Daily News
Oct 12
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In a child custody dispute between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness or other extraordinary circumstances. This rule applies even when, as here, a prior order

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 California

What to do if Your Ex Wants to Move Out of State With Your Children

Child custody arrangements between parents can work well for years, but there are times when circumstances change and your ex may want to move out of state with your child. If this situation is happening to you, are you aware of your legal options? If you are looking for legal guidance to this question in