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Articles Posted in Child Custody

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When Should a New York Court Refrain From Ordering Forensics in Child Custody Cases?

In an overwhelming number of cases, parents agree to a child custody arrangement without involving the court. However, some child custody cases are brought to court because parents are unable to agree. In those cases, the Supreme Court or Family Court is supposed to allocate to each parent decision-making, care-taking,…

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When Should a New York Court Order Forensics in Child Custody Cases?

Child custody and time-sharing arrangements in New York are determined based on the children’s best interests. In some cases, a forensic evaluation is ordered. This may include general and specialized psychological testing and clinical interviews of the parents and children. In some cases, collateral information is also gathered, and home…

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The Primary Caretaker Standard in New York Child Custody Law

Child Custody disputes and Divorces are complicated at the best of times.  Often, legally breaking down a relationship becomes moredifficult when children are involved. When a mother and father choose to separate or divorce, they not only have to think about the steps that should be taken to improve their…

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Evidence Time Period for Modification of a Stipulation to a Child Custody Order in New York

When you apply for a modification of an earlier order in a New York child custody dispute, you’ll have to present evidence showing a change of circumstances to justify that the modification is necessary to protect a child’s best interests. If you stipulated to the earlier order there is case…

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Evictions of Family or an Adult Child in New York

In New York, parents owe an obligation to pay child support until their child is 21. The child support obligation is usually paid to the other parent. However, for other purposes such as child custody, children become adults at age 18. When a parent-child relationship breaks down, but there is…

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Can You Make Secret Videos to Use in a New York Child Custody, Divorce or Family Law Case?

During a heated divorce or a child custody battle in New York, both parties may try to gather evidence against the other party. Several laws protect individuals’ rights to privacy, but there are certain gaps. The Federal Wiretapping Statute prohibits auditory wiretapping, but it doesn’t mention videotape surveillance. This means…

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Recording Phone Conversations in New York for Use in Child Custody or Divorce

It can be tempting in the midst of a contentious divorce or child custody proceeding to record the other parent’s oryour spouse’s phone calls with a mistress or his/her conversation with his child. However, if the evidence you obtain was obtained illegally, you will not be able to use it…

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Parent Education, Child Custody, Visitation and Parenting Time

Issues of parenting in child custody and visitation cases are often very complicated, as they consider a wide range offactors when determining the best interests of a child. After all, it is the responsibility of the New York court to ensure that their decisions regarding custody orders are made according…

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Should There Be Overnight Visitation or Parenting Time on School Nights?

This blog article will discuss the pros and cons of overnight parenting time to the non-residential custodial parent onschool nights.  Discovering a schedule for parenting time or child visitation that works for both parties involved in a divorce or child custody case, as well as the children in question can…

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