Author Archives: Jay Butchko
Child Support for Domestic Violence Victims in New York
August has been designated Child Support Awareness Month here in New York. To that end, the state recently announced that it is committed to making the child support process safer for domestic violence survivors: State agencies are coordinating a federally funded pilot program, the Safe Access for Victims’ Economic Security (“SAVES”), which, in part,… Read More »
When A Child Custody Case Is Against the City
One mother’s case made headlines in early September after she won her case against the city of New York, which had taken custody of her baby over her legal use of marijuana. The case against the city’s Administration for Children’s Services (ACS) is the first one to hold the agency accountable for violating provisions… Read More »
Birdnesting After Divorce: What It Involves
Birdnesting is an unconventional arrangement, whereby divorcing couples with children taking turns living in the family home, often on a week-by-week basis, with the rest of the time typically spent in a rental or other family-owned property. Some couples find that setting up an arrangement like this helps their children adjust to the divorce… Read More »
Disabled Parents, the Best Interest Standard & Custody Rights
The best interest of the child standard involves judges weighing a number of factors in deciding on what the best custody arrangement is for the child. In New York, two of those factors include “the child’s health and safety” as well as “mental and physical health of the parents.” This standard is arguably subjective,… Read More »
Parents of Children Killed in NY Family Court Disputes Urge Reforms
We’ve previously discussed the issue of risk of violence against children during and after divorce – an issue that sometimes leads one parent to stay with an abuser for longer than they should, out of fear for their children. The issue has reached such a level of seriousness here in New York that parents… Read More »
Important Considerations In A “Gray” Divorce
Getting divorced in your 50s, 60s, or beyond is sometimes referred to as a “gray divorce.” Many couples now find themselves separating and divorcing after decades of marriage; in some cases, once their children have left home. In fact, according to the Pew Research Center, the divorce rate for U.S. adults age 50 and… Read More »
The Importance of Mental Health Professionals in the Divorce Process
Divorce can take an emotional toll on clients, and, just as forensic accountants can be important in a number of cases, mental health considerations should be part of a comprehensive strategy to address any underlying issues as well as any stress and concern for those involved and family members. As a result, in a… Read More »
Who Gets To Keep The Family Pet In Divorce?
In divorce, who gets to keep the family pet is a question we as Rockland County divorce attorneys are frequently asked. There is no question that for a number of American families, the family pet is a member of the family. In the eyes of the law, pets are still considered to be personal… Read More »
Three Key Areas to Secure Your Financial Future in Divorce
If you are contemplating or in the process of obtaining a divorce, it is critical that, in addressing the division and impacts on marital assets, your Rockland County divorce attorney spends a significant amount of time addressing health insurance, real estate, and retirement accounts, specifically. It is critical that you are aware of any… Read More »
When A Non-Biological Parent Has Child Custody Concerns
When one family member (or guardian) has custody of a child, and has raised them for most or all of their life, but the child’s biological parent – just released from difficult circumstances, such as serving time in prison – now wants custody, this can sometimes give rise to a custody battle, especially if… Read More »