
CAN A NON-PARENT OBTAIN CUSTODY OF A CHILD INSTEAD OF THE CHILD’S PARENT?
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
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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
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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
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Can Social Media Accounts be Used Against You in Child Custody Hearings?
A child custody case is one of the most difficult and emotionally fraught experiences in a parent’s life, and this type of case can get ugly when parents cannot agree on who should be the primary caretaker of their child following a divorce. Parents will look for any evidence proving why they should be the
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Summer Break: How to Work with Your Ex to Create a Summer Vacation Visitation Schedule
Navigating a divorce with children is never easy, and figuring out a parenting plan for custody and visitation can be one of the most difficult aspects of a divorce. While families can get into a good rhythm during the school year, summer break allows for some changes to be made to the custody and visitation
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My Ex Wants to Leave New York With My Child: What are My Options?
One of the most significant issues that is handled during a divorce is where a minor child will reside after the parents split. However, after the divorce is finalized, one parent may wish to move out of state with that child. As the non-moving parent in this situation, it is important to remember that you
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Digital Defense For Divorce
You need to be protected on all fronts during a divorce case. Nowadays, this certainly includes a thorough digital defense. First, if you think anything on any of your devices can be used against you, then stop using the devices immediately, and copy specifically recognized user-created, uploaded or downloaded files to a removable drive. Next,
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TYPES OF CUSTODY IN NEW YORK
There are two major parts of custody in New York. I. Physical/Residential Custody: – who lives with the child on a day to day basis – who has a parenting time/visitation schedule with the child II. Legal Custody : This determines whether one or both parents have decision making authority over the major issues affecting
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SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR
SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR There are various calculations that a New York Court will use to determine how much child and or child support will be Ordered. These calculations are pretty straightforward when the person who will be paying support has a typical job where they are issued pay-stubs and
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Legal Custody
Legal custody relates to who has authority to make the larger decisions in a Child’s life. These are not the day-to-day routine items, like if it is pizza or burgers for dinner. Rather, they are the big issues, such as long term medications and educational services. Legal custody is not related to who primarily lives
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