Parenting time or visitation schedules vary from family to family. For the most part, the term visitation has been replaced by the term parenting time but both are still used. Parenting time or visitation schedules detail when either parent spends time with their children. First in this article, I will…
The Family Court in New York has the jurisdiction to hear cases involving allegations of abuse and neglect of children. They are commonly referred to as “N” docket cases since the docket number starts with the letter N. Generally the case belongs in the county of residence of the subject…
Orders of protection can be issued by either the Family Court or the Supreme Court as part of a child custody case or divorce in New York. My previous blog articles concerning orders of protection in family law matters focused on the most common method that orders of protection cases…
I have previously discussed modifications of judgments of divorce. As a reminder, a modification does not erase the order that was made, but if there is an adequate change of circumstances under the law, a party to the case can change the order going forward in certain circumstances. But, can…
In a word, yes, drug tests can be ordered, but they do not have unfettered discretion to order tests at their whim. The cases in New York have held that when the physical and mental state of a parent is in question the New York Civil Practice Law and Rules…
Claims of parental alienation in child custody, matrimonial and family law cases abound. This article will focus upon parental alienation in the context of child custody and parenting time or visitation cases. I have previously written about constructive emancipation which is applicable to child support cases. The ultimate sanction, if parental…
Previously, I have touched upon the rights of grandparents and non-parents in child custody and visitation or parenting time cases against parents in New York. In my years of practice in New York City, the surrounding areas, and as a Long Island Child Custody Lawyer, I have needed to deal…
This article is meant to provide some background about divorce and family law matters in the New York City borough of Queens, New York. As mentioned in prior blog entries, although the statutes are the same for everyone in New York State, there are different rules and procedures that change…
Can the New York courts exercise jurisdiction over a child custody case? In my practice as a New York City area and Long Island Child Custody attorney, this question comes when a child moves into New York from out of state or if a child moves from New York. The…
Habeas Corpus is another Latin term, used in legal proceedings which means “You have the body”. This blog entry will refer to the use of the term in family law proceedings which, of course, has a different application than in criminal law proceedings which also make use of Writs of…