Global satellite mapping, augmented by aerial photography and street view photography has created a virtual copy of most of our urban and suburban communities. This has created a wealth of information and imagery that allows people to do much more than just use their smart phones to navigate or for people to look and see [Read More]
Changes to the Federal Tax Code have repealed the tax deduction for maintenance. Matrimonial law in New York State typically is legislated in Albany. However, this year the biggest change in matrimonial law comes from Washington, D.C. The 2017 “Tax Cuts and Jobs Act” includes among its 186 pages a section entitled “Repeal of Deduction [Read More]
Matrimonial law in New York State typically is legislated in Albany. However, this year the biggest change in matrimonial law comes from Washington, D.C. The 2017 “Tax Cuts and Jobs Act” includes among its 186 pages a section entitled “Repeal of Deduction for Alimony Payments.” This section eliminates the IRS Code provisions that allowed the [Read More]
In this post we pick up with our discussion of the preferences of a child in determining custody. As I mentioned last time, this is not always a black and white issue for a number of reasons. A child’s preference regarding which parent he or she would like to live with is a factor to [Read More]
The wishes of a child in a custody modification matter are a complicated subject. Let us start by keeping in mind that we are talking about children, who generally lack maturity, insight and perspective because, after all, they are children. We do not let children dictate whether or not they are going to school. We [Read More]
In making a determination of a modification of custody a court must consider the quality of the interaction between the parent and the child or children. This means that primary among the circumstances to be considered in determining the best interests of the child are the parents’ ability to provide for the child's emotional and [Read More]
Anyone who has a brother or sister can tell you how important the sibling relationship is and what a significant role our siblings play in our childhood development. As common sense would dictate, the law strongly favors the development and encouragement of sibling bonds. In custody modification proceedings, courts will not separate siblings unless [Read More]
As I wrote back in Part 4 of this series, a best interests analysis generally involves the examination of several factors. These include the relative fitness, stability, past performance, and home environment of the parents, as well as their ability to guide and nurture the child and foster a relationship with the other parent. After [Read More]
In making any determination of custody, a court should look at the respective work schedules of the parties. The respective work schedules of the parties can form a basis for a determination of residential custody as well as the basis for the final parenting schedule. In this analysis, the court also should look at a [Read More]
Excessive absences from school while a child is in the care of a parent can reflect poorly on a parent’s ability to guide and nurture the child and provide for the child’s education and emotional growth. A court must look at the reasons for the absences from school and their impact on the child. For [Read More]