
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 the
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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 may
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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 is
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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 danger
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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 for
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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 other
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What to Know if You are a Stay-at-Home Mom Contemplating Divorce
Navigating a divorce is difficult for everyone, even for women with stable careers and good finances. If you are a stay at home mom, contemplating divorce can feel even more daunting if you have been out of the workforce or lack financial security. If you are a stay-at-home mom who is considering filing for divorce
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Student Loan Debt and Divorce in New York
The number one cause of divorce in the United States is money problems, and student loan debt is becoming more and more of an issue for married couples that are considering a divorce. In New York, the question of who assumes the student loan debt in a divorce can be a complicated one, and the
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Psychology Forensics For Custody
In New York, custody disputes are analyzed as to what is in the best interests of the Child. But who is to say what is best for a Child? To get at the truth of this very complex question, the Court will often appoint a Psychologist to conduct a full evaluation of the situation. This
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Jose Reyes set to battle baby mama in Family Court
It’s game day Tuesday for Jose Reyes and his baby mama Christina Sanchez, who are expected to face each other in Nassau County Family Court. Sanchez, a model and TV presenter, is nervous but “excited” for the case to be heard, said her lawyer Steven Gildin, who revealed that Reyes will be called as their
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