Child custody cases can be the “biggest” and most challenging cases that a Family Lawyer has to deal with. In New York Courts, it is not unusual for a custody case to take over a year to be resolved. I have been on a few cases that have lasted over 3 years.
Most child custody cases do not involve complicated or hyper technical case law or statutes, and there are a handful of legal standards which are applied. The most common legal standard “best interests of the child” is every general and broad,and encompasses practically everything about the parents and the child or children, and can encompass everything about their whole lives.
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 Custody Cases? 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 »
Statistics show that courts award custody of children to fathers somewhere between 11 and 15 percent of the time. In New York, many years ago, there used to be a presumption in the law that moms should have custody of young kids. This was called the “tender years doctrine”. The tender years doctrine was repudiated …
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 …
In Camera Interviews In New York Child Custody Cases Read More »
When a case involves a contest between a grandparent and one or more parents, under New York Law, the non- parent has the burden of proof, and must show two things: First the non parent must prove something called “exceptional circumstances”. Assuming that the non parent can prove exceptional circumstances, he or she must also …
Child Custody Articles / By Paul Matthews 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 …
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 »
Because custody cases are so contentious, and the stakes are so high, either the father, the mother, a step-parent, or, in some circumstances, grandparents may continue the custody battle after the case is over in Family Court, by going to the appeals court (child support cases and termination of parental rights cases are also frequently …
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? Read More »
If you are a parent embroiled in a child custody case where you are certain that the other parent is manipulating the child or children to say that they do not wish to see you, you are facing an all too common and very difficult situation. In fact, a recent study of 1,000 custody cases in …
7 Ways To Prove Parental Alienation (So You Don’t Lose Your Child) Read More »
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