Child Custody or guardianship varies from state to state, and of course every case is different, but it is helpful to understand the different types of child custody and the general scenarios that couples going through a divorce may face. Familiarizing yourself with possible outcomes, or terms you will be hearing will prove beneficial. Physical …
Now more than ever Fathers involved in divorce proceedings are fighting and winning cases regarding parental rights, custody, and child support. It is important to note that whether you are a man or a woman it is imperative for you to understand your rights, and what you are entitled to. It has been a common …
What Are A Father’s Parental Rights Following A Divorce? Read More »
Guardianship Of A Child Guardianship is a legal arrangement that is commonly misunderstood. It can be complicated, and is regularly confused with other legal decisions like custody. Guardianship is when the court appoints a person or an agency to take responsibility for the care of a child. Guardianship is different than custody as it pertains …
Mediation in matrimonial matters has evolved with a stigma of producing agreements that are non-compliant with New York State Domestic Relations Law and in setting parties up for economic failure. Much like matrimonial arbitration, mediation is driven by the matrimonial knowledge and domestic relations experience of the Mediator. To the extent that your Mediator is …
Agreements settling matrimonial disputes through mediation have suffered scrutiny for being non-compliant with New York State Domestic Relations Law. The first part of this article, which was published in the July Newsletter, provided a general overview of the mediation process, detailing the how it is initiated and who is involved: the mediators, counsel, and the …
What is spousal maintenance? Spousal maintenance may be awarded when a couple divorces. Spousal maintenance is a periodic payment from one former spouse to another intended to assist the less-monied spouse in becoming self-supporting or in maintaining the lifestyle he or she enjoyed during the marriage. Spousal maintenance may be awarded by a court or …
Custody and Visitation The New York Domestic Relations Law allows grandparents to petition the court for visitation with and/or custody of their grandchildren in limited circumstances. Where either, or both, of the parents of a child residing in New York is or are deceased, a grandparent of the child may petition the Supreme Court or …
Religious Divorces and Civil Divorces The Domestic Relations Law in New York mandates that, when spouses are married in a religious ceremony, the Plaintiff (the spouse commencing the action for divorce) must take, or must promise to take, all actions in his or her power to remove any barriers to the other spouse’s remarriage. No …
When paternity is contested, a Court is empowered to order the mother, child, and the possible father to submit to DNA tests in order to establish paternity. The court may decline to order such tests, however, where the child’s best interests would not be served – for example, in circumstances where a father has treated …
WHAT IS VISITATION? DO PARENTS HAVE A RIGHT TO VISITATION? In cases where parents are separated or divorced, one parent will generally be deemed the “primary residential parent” or “custodial parent”, meaning that the child or children will reside primarily with that parent (See custody article written by our experienced Westchester Matrimonial LLC staff for …
