Author Archives: Jay Butchko
Mother Deprived Custody of Her Child on the Basis of Refusing to Vaccinate for COVID-19
While the COVID-19 quarantine is safely in our rearview mirror, issues related to COVID-19 still persist. In one custody hearing filed in the state of New York, two parents differed on whether or not to vaccinate their children. The father, who was vaccinated, advocated that his children should be vaccinated against the virus. The… Read More »
Understanding Child Custody Rules in New York State
Of all the issues surrounding a divorce, child custody and visitation is the most emotionally charged. Arming yourself with knowledge of how New York State courts make decisions concerning child custody can help better prepare you for the process. Whether you mediate your divorce or the matter goes before a judge to decide, you… Read More »
How Do the New York Courts Determine the Best Interests of the Children in a Child Custody Case?
All states employ some standard to determine child custody in disputed cases. New York is no different. In New York, the courts employ “the best interests of the child” standard. In other words, they prioritize the welfare of the children above all else. In order to make this determination, the court employs several factors… Read More »
Grandparent Rights in New York State
Not all states afford grandparents rights in child custody cases, but New York State does. The New York courts recognize that grandparents can play a significant role in a child’s life by providing emotional support, love, and parental guidance. In some cases, when a couple divorces, grandparents can be denied access to their grandchildren… Read More »
Elements of Child Neglect in New York State
Child neglect is defined as the failure of a parent or guardian to provide care and supervision to a child in such a manner that it compromises the child’s safety, well-being, or health. New York State considers child neglect to be a crime, but it can also factor into custody disputes when two parents… Read More »
What is the Marital Estate or Marital Property in a New York Divorce?
In New York State, there are three categories of property when it comes to divorce. There is marital property, separate property, and property that contains elements of both. The final category is the trickiest and requires the most explanation. In this article, Rockland County divorce attorneys at the Law Office of Robert S. Sunshine,… Read More »
Legal Separation under New York Law
Sometimes, you’re not ready to divorce but you want space and time to yourself to help make that decision. For that reason, New York State law allows couples to legally separate from one another without divorcing. In this article, the Rockland County divorce attorneys at The Law Office of Robert S. Sunshine, P.C. will… Read More »
What is an Attorney for a Child, and Why Might One Be Appointed in New York State?
It’s important to understand that in any court hearing related to child custody, the courts will render decisions that are in the best interests of the children. While most parents believe that they are acting in the child’s best interests, the court has the final say when there is a dispute. In these cases,… Read More »
Studies Show That Men Have a Harder Time Recovering From Divorce Than Women
Divorce is stressful and difficult for all parties involved, but men seem to have a tougher time recovering from it than women do. Why? There are a lot of theories on why men struggle after being served with divorce papers. Studies have shown that men struggle with heart issues, have substance abuse issues, and… Read More »
Life-Altering ‘Money Rules’ You Must Know for Divorce
There are critical money rules hidden in your marriage contract that you should be aware of before the divorce process begins, or is even contemplated. You might assume that assets will be split 50-50 upon divorce however, this isn’t necessarily the case: In New York, marital assets are divided based on equitable distribution, which… Read More »