Paternity is a legal declaration that someone is the father of a child in New York. The legal recognition of paternity is required under the law for the establishment of many rights and obligations such as for custody, parenting time, child support, and inheritance to name some of the more…
Neglect or abuse allegations come up frequently in child custody matters. The purpose of this blog entry is to discuss some of the nuances of how abuse and neglect accusations come into play in a custody case. Like me, Long Island Child Custody Lawyers and attorneys that handle cases in…
Each County has some particular nuances that make practicing divorce and family law a little different in each venue. Although most of the same laws are applicable throughout the state, besides differences in geography, each court, as well as each judge has their own rules and procedures. As a New…
Custody trials can be a challenging part of a divorce or post-judgment divorce case in the Supreme Court where there is a disagreement over the custody and parenting time of a child. A custody and visitation (parenting time) case can also proceed to trial in the Family Court. Although the…
Forensics are ordered in custody and parenting time cases by the New York Family Courts and Supreme Court when there are disputes about the custody and/or visitation (parenting time) of minor children. The custody dispute might be part of a divorce or can be a part of a case when…
Parents have a duty to support their children, in New York, until the age of 21 unless they are sooner emancipated. The doctrine of constructive emancipation has been developed by the Child Support Standards Act and corresponding case law in New York. Children can be emancipated because they get married…
Relocations can be discussed and settled upon in child custody cases, mediations and collaborative divorce cases. What happens, however, if the parties (usually parents) do not agree on whether a parent should be allowed? As usual, the best interests of the children are used as the legal standard in New…
A single adult, a married couple or two adult intimate, even unmarried, partners together may adopt according to the New York Domestic Relations law. Adoptions can be done through an authorized agency or by private placement including step parent, adult and foster parent adoptions. Anyone that needs more information on…
Extraordinary circumstances must exist for someone who is not a parent to be able to prevail against a parent for custody or guardianship in New York. Only if these extraordinary circumstances are found by a court to exist should the court then consider if it is in the best interests…
Child custody in Long Island and New York, applies to children until they are eighteen years of age. Although eighteen is the age of majority in custody cases, child support continues in New York until age 21 for unemancipated children. The different types of custody situations are fairly uniform throughout…