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Child Custody


Can I Change Custody Attorneys in the Middle of a Child Custody Battle?

May 5, 2022
Changing custody attorneys is ultimately your decision or yours and your attorney’s mutually agreed decision at any time in your child custody case. Whether you should do so rests on your reasons for making the change, especially if you are in the midst of a heated child custody dispute. Before making any decisions, consider...
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How Does Domestic Violence Affect Child Custody in New York?

April 26, 2022
Domestic violence can affect the outcome of a child custody case in New York.  Just what impact domestic violence has on child custody is determined on a case-by-case basis by the family court judge.   The following is an overview of domestic violence in New York child custody cases and a brief explanation of how...
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NY Child Custody Evaluations

May 5, 2020
If you are undergoing a divorce and have children, you have heard the term “in the best interest of the child.” This is the most important standard the New York courts will use to determine child custody and visitation. In the best of all worlds, a divorcing couple can put their issues with each...
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Proving Emotional Abuse in New York Child Custody Cases

April 28, 2020
There are no bruises, cuts, concussions or broken bones – but there are broken hearts and broken spirits. Emotional abuse is just as damaging as physical abuse, and perhaps even more so. Emotional abuse of children may include verbal assaults—such as a barrage of criticism and insults—or isolating, terrorizing, ignoring, rejecting, neglecting or exploiting...
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Having Your Child Speak at a New York City Custody Hearing

April 21, 2020
Among the most difficult and heart-wrenching parts of any divorce is child custody. Even under the best of circumstances, such as an “amicable” (uncontested) divorce, divorce is inevitably hard on children. What happens when your child has to speak in the custody hearing? It’s rare, and the reasons why it might be necessary are...
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How to Prove an Unfit Parent in NY

March 24, 2020
Just because you don’t see eye-to-eye with your ex over parenting skills doesn’t automatically mean they’re an unfit parent. It’s common for parents—even those who are still together to disagree on whether kids should have to earn their allowance or finish all their dinner before leaving the table, along with bigger issues like curfews,...
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How to Prepare for a New York Child Custody Case

March 3, 2020
New York child custody cases can, understandably, be quite emotional. Most parents want their children to have the best, healthiest, and happiest lives possible and are only at odds when they and their ex disagree over how to provide such lives. While coming to a custody agreement out of court is generally preferable, there...
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Child’s Refusal to Follow Court Order Was Insufficient to Deny Parenting Time

December 9, 2019
In Matter of Emanuel J. v Zielka K., 2019 N.Y. Misc. LEXIS 5624, 2019 NY Slip Op 51667(U), 65 Misc. 3d 1217(A), 2019 WL 5408460, the parties were granted joint custody, with the mother having primary residential custody and the father having visitation. In 2017, the father filed a petition to modify and enforce...
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