Child custody cases can be very difficult and drawn out. It is not unusual for a custody trial to go on for a year or more. Unlike most other cases which deal with a discrete event oeries of events, the scope fo relevance for an initial custody case is extremely broad, pretty much anything that has occurred during each of the parties’ entire adult life can be the subject of testimony or documentary evidence.
Sometimes the aid and testimony of expert witnesses, such as forensic psychologists iis part of the trial. Nowadays it is possible that hundreds of text messages could end up being placed into evidence.
The stakes are often extremely high, and the stress levells can also be high. It is important to have an experienced and competent attorney
In New York State Family Court, the term “Law Guardian” is historically used, but the modern legal term is “Attorney for the Child.” This court-appointed legal representative plays a crucial role in child custody and visitation cases. The change of the name was not an accident, it reflected a change in the role of attorneys …
Understanding the chances of a father getting 50/50 custody in New York requires a deep dive into New York’s child custody laws. The courts prioritize the “best interests of the child,” a principle that drives all custody decisions. This means that gender alone does not determine custody outcomes. Many fathers are successfully awarded shared custody, …
What Are A Father’s Chances Of Getting 50/50 Custody In New York? Read More »
Custody modification cases in New York involve complex legal proceedings that require a thorough understanding of the relevant laws and procedures. This comprehensive guide aims to assist litigants and attorneys by providing an in-depth discussion on how to navigate a custody modification case effectively. Specifically, we will delve into the concept of substantial change of …
In New York State courts, the general rule is that liberal discovery (called “disclosure” in New York) is allowed in most civil cases. An attorney can serve various disclosure devices, including demands for production of documents, written interrogatories questions which demand that answers be made under oath) , and demands for deposition, where parties and …
Can You Get Discovery In New York State Custody Cases? By NY Attorney Read More »
This article discusses the differences between custody and guardianship orders for children under 21 years of age. It does not discuss cases brought in Supreme Court to appoint guardians of incapacited adults under Article 81. It is important to realise that although guardianship cases involving incapacitated adults can deal with both guardianship of the incapacitated …
Custody Vs. Guardianship Orders, New York Differences Read More »
Contested custody cases often have an in camera interview by the judge of the child or children. While not required by law, typically judges will order an in camera of older children if either party, or the attorney for the child requests one. The purpose of the in camera is for the children to be …
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When a case involves a contest between a grandparent and one or more parents, under New York Law, the grandparent has the burden of proof, and must show two things: What are exceptional circumstances? When a case involves a contest between a grandparent and one or more parents, under New York Law, the grandparent has …
When Do Grandparents Get Custody (Article By Family Law Attorney) Read More »
For some years, parents who have “high conflict” custody or visitation cases in the New York Courts, have occasionally used professionals, usually lawyers or psychologists, as “parenting coordinators”, sometimes called parenting coaches. In the past, the use of a parenting coordinator (also known as a parent coordinator) was optional and was almost never mandated or formalized by …
Parenting Coordinator’s Role In NY High Conflict Custody Cases Read More »
This article discusses the role of the attorney for the child in New York custody and visitation cases. During my career, I have represented hundreds of children in the Family Court in all types of cases, but mostly in child custody cases or juvenile delinquency cases. This article is intended to provide general information only about …
Role Of The Attorney For The Child In New York Custody Cases Read More »
Joint custody with spheres of influence is a type of joint legal custody arrangement in which each parent has primary responsibility for making major decisions about certain aspects of the child’s care, typically either education, medical care, or religion. Joint custody with spheres of influence allows both parents to be able to share decision-making based …
What Is Joint Custody With Spheres Of Influence? Article By NY Attorney Read More »
