Child Custody Archives - Page 2 of 3 - Garden City, NY | Divorce Lawyer | Family Lawyer

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

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

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

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

Child Custody