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Category Archives: Child Custody

DadSon

Do Mothers Still Get Preference in Child Custody Disputes in New York State?

By Robert S. Sunshine, P.C. |

Traditionally, mothers were given preference when determining custody by family courts across the country. Today, state courts have shifted to a “best interests of the child” standard that favors neither the mother nor the father when deciding who has legal rights over the child or where they should live. It’s true that, in many… Read More »

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Vaccine

Mother Deprived Custody of Her Child on the Basis of Refusing to Vaccinate for COVID-19

By Robert S. Sunshine, P.C. |

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 »

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DadDaughter2

Understanding Child Custody Rules in New York State

By Robert S. Sunshine, P.C. |

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 »

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MomWithDaughter

How Do the New York Courts Determine the Best Interests of the Children in a Child Custody Case?

By Robert S. Sunshine, P.C. |

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 »

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Custody3

Elements of Child Neglect in New York State

By Robert S. Sunshine, P.C. |

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 »

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Custody6

What is an Attorney for a Child, and Why Might One Be Appointed in New York State?

By Robert S. Sunshine, P.C. |

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 »

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StepAdoption

The Rise of Foster Parent Adoptions & Biological Parents’ Rights

By Robert S. Sunshine, P.C. |

We have previously described instances where a county or city intervenes and interferes with a biological parent’s rights when it comes to child custody and how this is, in some circumstances, illegal, warranting the intervention of a skilled Rockland County child custody attorney. Foster-parenting intervention is another somewhat new circumstance involving denying biological parents’… Read More »

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Teen

New York Laws on Child Visitation Preferences & Emancipation

By Robert S. Sunshine, P.C. |

As Rockland County custody and visitation attorneys, one question that we frequently hear from clients who are divorcing with adolescent children is: Can my child refuse to visit with one of their parents, and if so, at what age do they qualify to make this choice? Obviously, at age 18, a child can decide… Read More »

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Custody7

Can My Mental Illness Cost Me Custody?

By Robert S. Sunshine, P.C. |

As attorneys who assist parents with child custody issues every day here in New York, we regularly hear concerns from parents when it comes to one parent using the other parent’s medical history against them, including any history involving mental health treatment. While it is critical to understand that, when awarding custody and visitation,… Read More »

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Divorce2

How Family Courts Fail Domestic Violence Victims in Child Custody

By Robert S. Sunshine, P.C. |

Custody and visitation when one parent has an established history of domestic violence New York, like a number of other states, simply weighs whether there has been a history of domestic violence in the family when weighing a number of factors in deciding what is in the best interest of the child when it… Read More »

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