There are different ways to handle a divorce in New York, including mediation, litigation, and collaborative divorce. How the divorce is handled can substantially affect the outcome and cost, but there are pros and cons to each approach. Divorce mediation is a popular form of alternative dispute resolution. Mediation involves…
The short answer is yes, if the best interests of the children suggests different parents should have custody, as the recent Long Island case summarized below illustrates. Child custody battles everywhere, as in Nassau County, New York can be extremely difficult, both for the parents and for the children. If a couple is…
For child support cases proceeding in a New York Family Court, the court, pursuant to statute, should make a temporary child support order, while the case is ongoing, of an amount that is enough to meet the needs of the child. According to the law, this should be done regardless…
The law in New York is that a non-biological, non-adoptive parent does not have standing to proceed in a court for custody or parenting time. There is, however, a statute that allows grandparents standing to petition for custody and visitation under certain circumstances, which I have previously blogged about. In…
Fair Hearing when Challenging “Indicated Findings” by Child Protective Services or the Administration For Children’s Services (CPS and ACS) No matter what the reason behind a hearing may be, one thing that all of my clients should have access to is a fair hearing if they want it. The right…
It’s important to recognize that step-parents are a common and familiar part of everyday life, and just like their partners, everyone may want to know their legal rights and responsibilities regarding their step-children. Over time, many step-parents who spend time with their step-children develop a strong attachment and commitment to…
The New Significant Other Phenomena When it comes to dealing with visitation time, parenting rights, child custody, and child support – there are a lot of sensitive and complicated issues to consider. One set of situations I deal with somewhat frequently as a family lawyer within Long Island and in…
Why the Rutherford New York Custody Jurisdiction Decision Makes Sense Recently, well-known actress Kelly Rutherford was ordered by the New York County Supreme Court to return her children to their father in Monaco, where they had been living after the father lost his U.S. visa. Rutherford argued that she felt…
In New York family law, often whether or not travel by one parent to a foreign nation with the child(ren) should be permitted is an issue that arises. I often look to whether the other country is a signatory to the Hague Convention or not when looking at the issue.…
Special Immigrant Juvenile Status in New York Immigration and family law come together in this area of law. Some children living in the U.S. without a legal immigration status may need to access humanitarian protection for reasons of abandonment, abuse, or neglect. Special Immigrant Juvenile Status (SIJS) is a…