Category : Child Custody

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Gay and Lesbian Child Custody Pitfalls

While the passage of the Marriage Equality Act in New York legalizing gay and lesbian marriages is an important advance in civil rights there are important issues which still need to be resolved. This post will focus on the issue…

0 Comments / 24 View / August 21, 2014

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The Child’s Lawyer – The Role of the Law Guardian (now called “Attorney for the Child”)

The role of the child’s lawyer, previously known as the law guardian, now called “the attorney for the child” is very confusing, not only to parents, but the judges, lawyers and even to the law guardians. Recently, the role has…

0 Comments / 88 View / March 22, 2009

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Parental Alienation

Parental alienation is a big and important area of child custody cases. While many non-custodial many believe that parental alienation is occuring the question is what can be done about. Under the New York Domestic Relations Law, parental alienation can…

0 Comments / 49 View / March 22, 2009

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Adultery Myths And New York Divorce Law

Before October 2010, when No Fault divorces became available, in order to get a divorce in New York, you had to prove marital fault. New York recognizes adultery as one ground to obtain a divorce. However, adultery, as a basis…

0 Comments / 814 View / May 31, 2008

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Child Custody Cases and the Cost

My father, God rest his soul, had a sign over his desk which read “In the law, nothing is certain but the expense.” He told every client that walked in that the sign was not a joke. That sentiment is…

0 Comments / 65 View / February 4, 2008

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National Guardsman Loses Child Custody Due to Deployment

Note: This post pre-dated Albany’s uncharacteristic quick action. After this decision was rendered, there was such a firestorm, that Albany put in a quick fix. It is not perfect, but the fix prevents judges from making permanent changes in custody…

0 Comments / 2 View / January 12, 2008

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Custody during Mobilization or Deployment

Military divorces have unique problems and issues. Perhaps, the most common issues revolve around custody and visitation. A military divorce must address issues of cross and out of state visitation, travel and visitation in foreign countries and the issues created…

0 Comments / 10 View / October 18, 2007

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Parental Alienation

Judge Richard Lawrence, Family Court, Nassau County, noted in Matter of FS-P v. AHR, published in the New York Law Journal on August 31, 2007, that “a court may suspend a non-custodial parent’s duty to provide child support after a…

0 Comments / 18 View / September 29, 2007

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Child Visitation With Same-sex parents

NOTE: AS I have said elsewhere, this is a quickly changing area of the law. I have new blogs on this. The big problem for Gay and Lesbian married couples is that the statutes do not protect you in child…

0 Comments / 0 View / September 16, 2007

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Parental Alienation, Child Custody and Visitation

Custody and visitation issues can be the difficult to resolve. After the break-up of a couple, the custodial parent sometimes seeks to convince the child that the ex is a bad person who was responsible for the dissolution of the…

0 Comments / 12 View / August 25, 2007