After a divorce is finalized, the former husband and wife will go their separate ways. When the former couple has children together, this may result in one of the parents leaving the state with the children. While the state overseeing the initial divorce proceeding generally issues an initial custody order,…
Laws relating to child custody have gone through a number of significant changes in recent years, which largely reflect the fact that the concept of “parent” can extend beyond biological mothers and fathers. New York law no longer limits legal custody to biological or adoptive parents, although it sets a…
A family offense petition, or order of protection, can be filed in New York on the behalf of a child when a parentsuspects, or has evidence of an act of abuse or neglect initiated by another family member. To act within a child’s best interests, the New York courts must…
The first thing to understand about divorce – is that no matter how you go about it, you’re probably going to facesome emotional complexities and other personal difficulties. Divorces are a difficult process – after all, most couples enter a divorce after years of trying to make it work with…
In the world of divorce and family law issues, there are many different types of dispute resolution available, fromclassic negotiations, collaborative law, litigation, and of course – mediation. When a couple opts for mediation as a way of settling their divorce concerns outside of the courtroom, they generally come together…
Both parents are expected to support their children in New York. Generally, however, a non-custodial parent pays support to a child through the custodial parent. Many feel that child support is predicated on the idea that children should have the same lifestyle after a divorce as they had beforehand, which,…
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…
In New York, an antenuptial agreement that goes into effect once the parties are married may be valid even if the minister that solemnized the marriage received his authority from an unconventional religion. In Oswald v. Oswald, the court considered the effect of a antenuptial or prenuptial agreement after a marriage ceremony performed…
Under Islamic law, marriage itself is a civil contract, and both spouses must have the legal ability to make a contract to create an enforceable marriage. Traditional Muslim marriage contracts include a provision called mahr. The mahr is automatically a wife’s separate property under Islamic law, and it supposed to…
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…