When you are are a parent subject to a child custody order, it isn't so easy to just pick up and move. This is particularly true if you are the primary custodial parent and you wish to move with your child. Both parents have rights and responsibilities with respect to...
Child Custody & Parenting Time
What are my chances of getting sole legal custody?
New York law recognizes two types of child custody: legal and physical. Physical custody is also referred to as parenting time. Legal custody refers to the right to make major decisions for the child, while physical custody involves who the child lives with and when....
Can I change my custody order?
Custody orders in New York are created with the best interests of the children in mind. Once your custody order is entered, you must follow it or face being found in contempt of court. But what happens if your circumstances change, making it impractical or impossible...
Child custody and parenting plans
If you are getting divorced, and you and your spouse have children under age 18, you must work out the details of child custody. These can include which parent the child will live with at what time, how you and the other parent will handle drop-offs and pickups, and...
Addressing the termination of parental rights
While many parents hope to raise their children together, there are situations where it is necessary to terminate one parent’s rights. When a parent’s rights are terminated, it means that they are no longer legally responsible for the child. This is done when it is in...
Drafting a parenting agreement in New York
As newly separated parents in New York, one of your first tasks will be coming up with a plan to raise your children post-divorce. The parenting agreement, once approved by a judge, will be legally binding. As you draft your agreement, you will want to make sure you...
What can I do if my custody dispute goes international?
If you are a parent in Westchester or White Plains, New York, and you are involved in a custody dispute with your ex-spouse who lives in another country, you may be worried about the possibility of international child abduction. It is considered an international child...
Should I consider collaborative law?
Going through the divorce or custody process in New York can be a stressful and overwhelming experience, especially if you have never been involved with the court system before. You may have heard of something called collaborative law, but not be sure exactly what it...
How do judges determine the best interests of children for custody?
During a divorce in New York emotions can run high. It is not easy ending a shared married life and starting a new one. However, if the divorce involves minor children the parents will not necessarily be completely separated. They will still be the parents to their...
Can my child choose which parent to live with?
If you have gone through the custody process in New York, you know that it can be complicated, and having to follow a custody order you do not agree with is difficult. Many parents mistakenly believe that once their child reaches a certain age, the child can tell a...