Category Archives: Family
Understanding Your Legal Obligation Toward a Disabled Child
On October 8, 2021, the New York legislature signed into law a measure that expanded a parent’s duty to support their disabled child until the age of 26. But how is this law interpreted by the courts? One way to answer this question is by looking at a real case. On August 5, 2022,… Read More »
Can Non-Violent Abuse Be Considered Domestic Violence in New York?
According to the Centers for Disease Control (CDC), intimate partner violence (IPV) is “abuse or aggression that occurs in a romantic relationship.” It can refer to abuse suffered by spouses and children, or anyone who lives in the same home or is involved in a romantic relationship with the abuser. It refers to more… 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 »
Does New York State Allow Legal Separation?
Not every state in the country allows couples to legally separate, but New York State is among those that do. Couples can petition the court for a Judgment of Separation or create a Separation Agreement, which is a written contract that stipulates the terms of their separation. In these cases, the couple is not… 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 Alimony in New York State?
Alimony, known as spousal support or maintenance in New York State, is a type of payment that one spouse makes to the other either throughout the divorce proceedings or after the divorce has been finalized. Alimony payments that are made while the divorce is pending are called spousal support. Alimony payments made after the… Read More »
Grounds for Divorce in New York State
Divorces have “grounds” or reasons why the marriage is no longer sustainable. In New York, we have both fault-based and no-fault grounds for divorce. This means that you can either blame your spouse for the breakdown of the marriage, or you can simply state that your marriage has irretrievably broken down, a no-fault ground… 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 »
Who Gets to Keep the Dog? Deciding Pet Custody in New York State
Many people have emotional bonds with their pets and consider their pets part of the family. What happens when these individuals divorce? Is there some standard for determining who gets the pet in the case of divorce? In New York State, we do have such a provision. If your pet were your child, the… Read More »
Will Having a Mental Health Diagnosis Affect My Child Custody Arrangement?
If you’re in a particularly contentious custody battle, it’s possible that the other party could raise the matter of your mental health against you during the proceedings. As a society, we have made great strides in addressing the stigma of mental health. This has resulted in more people getting the help they need, fewer… Read More »