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Articles Posted in Child Custody

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Under What Circumstances Will a Court Modify a Child Support Agreement?

In a recent post, we discussed New York child support agreements and how the parties to a divorce may be able to agree to the payment and amount of child support rather than have the court make that determination. We also discussed a situation in which the court was likely…

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Can a Divorce Mediation Child Custody Agreement Later Be Modified?

Over the past few weeks, we’ve taken a look at the process of New York divorce mediation, in which parties work together to come up with an agreement regarding many issues that would otherwise be decided by a judge. Last week, we discussed the fact that a New York divorce…

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When Will Courts Uphold New York Child Custody Agreements from Divorce Mediations and elsewhere?

In New York, the parties to a divorce have the option to enter into a mutually acceptable separation agreement if they can agree on the terms of the divorce. For the most part, courts will uphold the terms of valid New York separation agreements. However, the court retains ultimate jurisdiction…

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Dealing with an Allegation of Educational Neglect in New York

There are many complex cases to consider in the world of family law. Some of the most often-discussed cases include those to do with divorce, child support, child custody and parenting time cases. However, there are also instances in which a parent may be accused of neglecting or abusing a…

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Are Children Required to Comply with New York Visitation Orders?

Going through a New York divorce or couple split is often very difficult for all of the parties involved, including any children of the divorcing couple. Children are often unwitting parties to the entire process, yet their lives can change significantly as a result. It is not uncommon for children…

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Determining Which Parent Gets to Claim a Child as a Dependent Following a New York Divorce

As we approach the end of the calendar year, taxes are on everyone’s mind.  Perhaps people are thinking more about taxes than usual because of the passage of the new tax law by Congress at the end of 2017.   To many who have been through a New York divorce…

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When Can a Parent in New York Legally Monitor a Child’s Text Messages?

Parents have an obligation to keep their children safe and to make sure that a child’s naiveté does not put them in harm’s way. At the same time, most parents want to encourage some level of independence to help develop a child’s decision-making skills. In today’s society, with the prevalence…

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Will a New York Court Order a Forensic Evaluation When Grandparents Seek Custody of a Child?

Many New York family law cases involve a child custody dispute. Most often, these disputes arise when the parents of a child or children go through a divorce and argue over who has primary custody of the children. However, in some cases, grandparents seek visitation or custody of a child.…

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Can a New York Family Court Judge Order Grandparent Visitation?

Most New York child visitation cases involve courts establishing the rights and obligations of the parents as they relate to each other. However, New York family law does contemplate a situation in which a court can order visitation for a child’s grandparents under certain situations. This may even be the…

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DNA Testing in New York Paternity Cases

Ever since the time that DNA testing has been recognized as a reliable method of determining paternity, family courts across the country have relied upon the testing to resolve disputes over paternity. Indeed, the New York Family Court Act discusses the availability of DNA testing for the purposes of establishing…

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