Category Archives: Child Custody
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 »
How to Get Shared Custody of Your Child
Unlike some states, New York doesn’t automatically default on 50/50 custody arrangements. Instead, the courts evaluate custody matters on the basis of the best interests of the child. New York judges will carefully evaluate multiple factors when determining the appropriate custody plan for each family. In this article, the Law Office of Robert S…. Read More »
How Parental Gatekeeping Can Impact Your Child Custody Case
Parental gatekeeping describes a situation in which the custodial parent unilaterally decides to block or restrict the children’s access to the other parent. Parental gatekeeping can appear in many forms. These range from one parent attempting to shield the child from real harm to other forms of more insidious gatekeeping that involve parental alienation…. Read More »
What is the Best Interests of the Child Standard in New York State?
When determining child custody, judges have to base their decision on some standard to determine how custody arrangements will be made. Prior to the “best interests of the child standard,” most states favored mothers in custody disputes and would assign them the bulk of the custody rights and parenting time. Today, we use a… Read More »
Appeals Court Vacates Custody Judgment After Attorney Withdraws from the Case
In the case of Brandel v. Brandel, the parties were married in 2008 and had one child together who was born in 2012. The plaintiff initiated a divorce in April 2015, seeking sole custody of the couple’s child. During a family court proceeding in May 2015, the parties agreed to a resolution in court…. Read More »
Do Mothers Still Get Preference in Child Custody Disputes in New York State?
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 »
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 »