Recent Blog Posts
When Custody Becomes Contested: How New York Courts Decide What Is Best for a Child
Custody battles are never simple, especially in instances where there are irreconcilable differences between the two parents regarding child-rearing practices. Ultimately, under New York law, in all cases regarding custody, there is one overriding consideration: What is in the best interests of the child? Recent proceedings in a contested custody battle heard by New… Read More »
When Joint Custody Breaks Down: What a New York Contested Custody Appeal Teaches Parents
Custody disputes are among the most stressful events a parent can encounter in family court. It can become impossible to effectively communicate with the other parent. Joint custody is not always a viable solution once communication no longer occurs. The court is frequently called upon to make a determination in a custody agreement that… Read More »
When Fair Does Not Mean Equal: Uneven Division of Marital Assets in New York Divorce
One of the biggest myths surrounding divorce is that marital property is always split 50/50. In New York, an equitable distribution state, that is simply not the case. The standard that is applied during divorce is that the outcome should be fair to both parties. Fair does not necessarily mean equal. In this article,… Read More »
When Evidence and Credibility Matter in New York Orders of Protection
An order of protection is a powerful legal tool that can restrict where someone lives, who they can contact, and how they interact with their own family. Since the consequences are quite serious, courts must base their decisions on solid evidence. They cannot simply assume that the petitioner is telling the truth or base… Read More »
When a Prenuptial Agreement Is Challenged in New York Divorce Court
While prenuptial agreements are enforceable contracts, in New York, they are not immune from being challenged. In general, courts will enforce prenups even if one party is severely disadvantaged by the outcome. But they must be prepared properly and with full financial disclosure. The slightest issue and the prenup could be tossed. In this… Read More »
When Relocation Meets the Best Interests Standard
There are few issues in family law that are more emotionally charged than requests to relocate with a minor child. Often, one parent is left behind and no longer has access to their children. Due to this, the State of New York requires parents to petition the court in order to move with the… Read More »
How New York Courts Resolve Disputes Over Alimony After Divorce
In New York, the term “maintenance” refers to what we generally call alimony. It is among the most frequently contested issues in family law. Those paying alimony generally disagree on how much they should pay and for how long. In this article, the Westchester County, NY, divorce lawyers at the Law Office of Robert… Read More »
When Domestic Violence Shapes Custody Decisions: Understanding Wissink v. Wissink
When parents separate, one of the most difficult issues is deciding where their children should live. In New York, courts must base every custody decision on the best interests of the child. And when there is a history of domestic violence, that factor becomes especially important. The case of Wissink v. Wissink, a 2002… Read More »
When Change Matters: Matter of Chad KK. v. Jennifer LL. and Contested Custody in New York
In Matter of Chad KK. v. Jennifer LL., the court delivered a key decision on contested custody modification proceedings. The case illustrates how New York family courts handle requests to modify residential and legal custody, how they evaluate “change in circumstances,” and the continuing viability of joint legal custody even under dispute. Background of… Read More »
When Maintenance Isn’t Awarded: Diop v. Gueye and the Discretion of Spousal Support in New York
In the contested divorce case of Diop v. Gueye, the appeals court addressed the trial court’s decision to decline awarding spousal maintenance (alimony) to either spouse. This case highlights how New York law treats maintenance under its formulaic guidelines and the extent of judicial discretion. Background of the case The couple got married back… Read More »