Category Archives: Child Custody
Applying the “Best Interests of the Child” Standard in New York Custody Cases
Child custody battles tend to be among the most emotionally difficult decisions that need to be made by family court judges. When a couple finds it difficult to decide which parent is better suited for the custody of the child, the court needs to make an appropriate decision in the child’s best interests. In… Read More »
False Allegations and Custody Decisions
In child custody cases, the question that the courts ask is: what’s best for the child? In New York, the “best interest of the child” standard reigns supreme. Here, the court examines the conduct, credibility, and ability of each parent to provide stability. In this article, the Westchester County, NY, family law attorneys will… Read More »
The New York Courts Address a Contested Custody Case
In New York, contested custody issues can be decided by the courts. In all cases, the courts will decide the matter on the basis of the best interests of the child. In this article, the Westchester County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss a real New… Read More »
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 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 »