In determining custody, a court should consider if a parent has exhibited poor parental judgment. Poor parental judgment can take on a variety of forms but generally it consists of a parent placing his or her own interests over those of the child. This can include degrading the other parent in front of the child [Read More]
Among the factors that a court will consider in determining a modification of custody is false or unsubstantiated allegations made against one parent by the other parent. When a parent is found to have made false allegations against the other parent this misconduct may justify awarding custody to the falsely accused parent. For example, in [Read More]
Particularly relevant to a best interests analysis when modifying a custody order is each parent's past performance and their willingness to foster a healthy relationship between the child and the other parent. For example, in one recent case, the court awarded custody to the parent whom it found to be a “consistently positive parent” who [Read More]
Upon finding a change of circumstances a judge is required to determine what custodial arrangement would promote the best interests of the child. This may or may not require a change of custody or a change to the parenting schedule. The primary focus of a custody determination is ascertaining what is in the best interests [Read More]
We continue our discussion of the modification of a custody order by examining the weigh a judge will place on the existing custody order. An existing custody arrangement is but one factor to be considered by a court when considering a modification of a custody order. A custody order that is the product of a [Read More]
Today we begin our exploration of the modification of a custody order. The primary consideration in any custody matter is the best interest of the child. With that in mind, a court will order the modification of a custody order only upon a showing of sufficient change in circumstances reflecting a real need for modification [Read More]
Last month, I concluded a custody case in Family Court that settled on the second day of a hearing. As part of my preparation for this hearing, I prepared and submitted a Memorandum of Law for the Judge at the start of the hearing that identified the legal issues that I expected would be presented. [Read More]
Marital fault is who is responsible for the failure of the marriage. Generally, it is not a factor in equitable distribution in contemporary New York practice. Many a scorned or abandoned spouse believes that they deserved more because their spouse has left them or been unfaithful or because the other party was lazy. The fact [Read More]
Denying a parent parenting time is a drastic thing to do. A court will not do this unless it is shown that parenting time with the non-custodial parent would be detrimental to the child. This requires some rather extraordinary circumstances. Courts will not deny a parent access to their child based upon conflict between the [Read More]
A court may impose reasonable restrictions on a parent’s parenting time. These may include limitations on travel or travel outside the state. These may include requiring a parent to refrain from consuming alcohol during their parenting time or for a period before the beginning of their parenting time. These may include requiring a parent to [Read More]