Long Island Family Law and Mediation Blog
Most of the time, the appellate courts recognize that the trial courts of New York are given a great deal of discretion to make decisions about child custody and visitation aka parenting time matters. This is because it is recognized that these courts are in the best position to determine what is in the best interests of a child. The trial court’s opportunity comes from the ability to assess the character and demeanor of the parties, witnesses. The theory is that combining the court’s observations of the witnesses in the case, combined with the submitted evidence puts the trial court in the best position to make custody determinations. As I mentioned in my previous blog post, it’s unlikely for the appellate court to overturn the decision an appeal is made by a parent or parents who want to appeal a custody or visitation decision. However, it does happen at times and it may be possible for the matter to be overturned in an appellate court if the attorney for the appealing party can prove that that there was not a substantial or sound basis for the custody decision in the first place.
For instance, in the relatively recent case of Weisberger v Weisberger, 154 AD3d 41 (2nd Dept. 2017) the court found that the trial court’s previous decision to modify the stipulation and award full custody of the children to the father in the case was made without a substantial and sound basis in the record. According to the details of the case, the trial court gave excessive weight to the religious upbringing clause in the case, rather than focusing exclusively on the children’s best interests. There’s nothing to show that unsupervised visitation was detrimental to the children, and it was therefore inappropriate for the court to order supervised visitation. Continue reading ›
Child custody is a complicated part of divorce and family law.
While many aspects of family law may stay the same over the years, certain components may also need to be changed to adhere to the evolving nature of life in the United States. Recently, the federal tax law was changed, with the change in the taxation of maintenance (alimony) payments that came into effect on the 1st of January 2019. According to the rules of this new law, maintenance payments delivered from one spouse to another can no longer be classed as a tax deduction for the payor. Additionally, the payee no longer has to count those payments as taxable income. What this means is that there can be greater resistance to the payment of maintenance than before.
There are many complicated things that a couple may need to address when it comes to managing their divorce. Everything from child custody agreements, to how assets and debts will be shared needs to be considered by the parties involved. In mediation, a mediator such as myself can work with a couple to guide them through their discussions about things like equitable distribution. The process of equitable distribution isn’t just about splitting things 50/50 after all. The parties need to think about how assets and debts can be shared fairly.
There are many complicated aspects of family law. Arranging equitable distribution in a divorce can be difficult, particularly in cases where it’s hard for the couple to agree. Deciding who should get control over a family home is also a complex discussion. However, few things require more caution and careful consideration than issues associated with child custody. Not only does a child custody agreement need to be approved by a court based on an observation of what’s in the child’s “best interests,” but changing the order is a challenge. Even if a modification of child was right for the child, absent an agreement about it, the court would need to see a substantial change in circumstances before even getting to the issue of whether the modification is in the best interests of the child or children. 
There’s more to mediation in the family law area than most people think. While divorce mediation can be a powerful solution for people who want to bring an end to their marriage, address their separation, and more, there are also opportunities for those who might want to continue their marriage too. Mediation is a process that allows individuals to talk freely about the things that matter with a neutral third-party individual. Although I’m not a therapist, I am an experienced and trained mediator that can help with all aspects marital law. 
As a divorce attorney and divorce mediator, I often ask questions to learn more about my clients and their cases. Many aspects of law revolve around the ability to ask the right questions at the correct times. Recently, I attended a conference at the New York State Council of Divorce Mediation, to further my education on Divorce Mediation and network with my peers. During that event, Kenneth Cloke, JD, Ph.D., and LLM provided an interesting training session on the “art of asking questions.” This session raised some interesting insights in the questions in divorce and family law mediation cases, and I’ve written this blog to share those insights with you.
When a child’s parents are unwilling, unavailable or unfit to care for their children for any reason, another adult may be awarded either a guardianship of the children or custody of the children. Under New York family law, 
to go through with a full divorce, or you need to come to terms with your partner about your future before a divorce takes place, a separation agreement can be a useful process. Whether addressed as part of a divorce mediation process or negotiated between divorce attorneys, these agreements allow clients to lay out the details of their upcoming divorce as quickly and efficiently as possible. 
end their marriage and as a precursor or first step in full divorce experience that ensues immediately thereafter. A separation agreement is a document that outlines various answers to questions that a couple might have at the end of their marriage. For instance, your separation agreement might dictate what’s going to happen to your family home when your divorce is final, or who will be responsible for having custody of the children.