Child Custody

DOMESTIC VIOLENCE AND MENTAL HEALTH AS CUSTODY

WE ARE THE PERFECT PARENTS FOR JOINT LEGAL CUSTODY – – ONLY WE ARE NOT, CAUSE WE GET ALONG HORRIBLY ; DOMESTIC VIOLENCE AND MENTAL HEALTH AS CUSTODY FACTORS 4th DEP’T. CASE Awarding the parties joint legal custody of the children is not supported by a sound and substantial basis in the record. Entrusting the

Read More

CUSTODY GRANTED TO NON-PARENT

Pursuant to Domestic Relations Law § 72(2)(a), a grandparent has standing to seek custody of a child where the grandparent demonstrates the existence of extraordinary circumstances, such as surrender, abandonment, persisting neglect, unfitness, and unfortunate or involuntary disruption of custody over an extended period of time (Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 546,

Read More

A PARENT MUST SHOW A SUBSTANTIAL REASON FOR A COURT TO CONSIDER A CHANGE IN CUSTODY

A party seeking to modify a prior order of custody must show that there has been a change in circumstances since the prior order and, then, if such a change occurred, that the best interests of the child would be served by a modification of that order. As provided in the April 2019 order, the

Read More

CAN A GRANDPARENT GET CHILD CUSTODY OR VISITATION

Turning to the question of physical custody, the mother initially contends that the grandparents lacked standing to seek physical custody in their petition because they failed to satisfy their heavy burden of establishing the presence of extraordinary circumstances. A parent has a claim of custody to his or her child that is superior to all

Read More

COURT DENIES A PARENT FROM MOVING AWAY WITH CHILD

The mother argues that Family Court should have granted her permission to move to Florida with the child. An initial custody determination is controlled by the best interests of the child, taking into consideration, among other things, the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and

Read More

WHEN CAN A PARENT LOSE THEIR CHILD FOR NEGLECT

An application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed shall be granted unless the court finds that the return presents an imminent risk to the child’s life or health. In making its determination, the court must weigh, in the factual setting before it, whether

Read More

EFFECT ON CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM THE OTHER PARENT

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

Read More

CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME…

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

Read More

Compassion for the Client, Aggression for the Adversary

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,

Read More

NO VISITS IF PARENT IS NOT VACCINATED

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

Read More

Tags

Attorney Steven Gildin CHANGE IN CUSTODY child abuse child custody Child Neglect child support child support calculator CONTEMPT OF COURT CUSTODY GRANTED CUSTODY GRANTED TO NON-PARENT divorce divorce case be started Divorce Lawyer New York Divorce Lawyer Queens divorce papers outside divorce papers outside of the country DOMESTIC VIOLENCE DOMESTIC VIOLENCE AND MENTAL HEALTH FINDING OF CHILD NEGLECT Forensics Garden City Gildin Law INTELLECTUAL DISABILITY INTELLECTUAL DISABILITY GROUNDS FOR TERMINATION OF PARENTAL RIGHTS In which country can a divorce case be started jamaica station MENTAL HEALTH MENTAL ILLNESS Nassau County Divorce Lawyer Negligence new york NYC ACS NY Daily News PARENTAL RIGHTS PARENTING JUDGMENT PUNISHABLE Queens Queens Family Lawyer RELIGIOUS Religious Practice by Parents Steven Gildin Lawyer Subway Suffolk County Divorce Lawyer TERMINATION OF PARENTAL RIGHTS VISITATION