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Child Custody

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New York Child Custody Evaluations

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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Four Ways You Can Lose Custody of a Child

December 3, 2019
Although New York’s courts are not eager to strip custody rights from a parent, they have an obligation to ensure the safety and well-being of children. If you and your co-parent have a set custody arrangement you are likely already aware of the behaviors that will result in loss of custody. While some of...
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Types of New York Child Custody Plans

September 17, 2019
Find a New York City child custody plan your family can live with Divorce is a stressful situation made more difficult by the prospect of losing time with your children. New York Family Court judges review several factors of your case to determine the best possibly custody plan that serves your child’s best interests....
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