Category Archives: Child Custody
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 »
How the New York Courts Decide Custody and Relocation Cases
Divorced or separated parents who want to move with a child must petition the courts before they do so. The New York Court of Appeals addressed the matter in the Matter of Tropea v. Tropea. This landmark decision reshaped how our courts evaluate custody modification and relocation requests. In this article, the Westchester County,… Read More »
New York Court Addresses the Revisiting of a Child Custody Order
You can revisit a child custody order in the State of New York, but you need to show that your circumstances have changed significantly, or the courts will refuse to hear your case. That’s precisely what happened in the case of Lubrico v. Lubrico, 213 A.D.3d 666 (2d Dep’t 2023). In this article, the… Read More »
New York Case Discusses Relocating with a Child
One of the most hotly contested issues is when a New York parent wants to move to another state or county with a minor child. New York courts must balance parental rights against the best interests of the child. In Tropea v. Tropea, the New York Court of Appeals provided a definitive framework and… Read More »
How Can I Get Sole Custody of the Children in New York State?
If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from… Read More »
When Would a Parent Be Awarded Sole Custody of the Children?
Generally speaking, the State of New York wants to see two parents who are actively involved in their child’s life, regardless of whether their marriage lasted. In some cases, however, it may not be possible, feasible, or beneficial to have an unfit parent in the lives of the children. If you are seeking sole… Read More »
What Does a Forensic Psychologist Do in a Family Law Case?
Forensic psychologists play a vital role in evaluating parties in domestic disputes, particularly related to divorce cases. They use their expertise to help the court make decisions regarding family services and children. Their role is to conduct evaluations, offer expert testimony, and help with mediation to resolve disputes between parents. In this article, the… Read More »
What are the Grounds for Granting Sole Custody in New York State?
The State of New York takes a vested interest in the welfare of its children. While raising your children according to your own beliefs is a fundamental right granted to all parents in the United States, it can be taken away under the right circumstances. Ultimately, New York State uses a “best interests of… Read More »
What are the Different Types of Child Custody in New York State?
The legal definition of child custody is much more complex than you may imagine. There are different types of custody. When we think of custody, we generally think of residential custody or with which parent the child lives. However, a parent who does not spend the majority of time with their children can still… Read More »