There are two types of custody to be considered. First is residential custody; this is with whom the children will reside. Second is legal custody; this is who will have the authority to make decisions for the children. Residential or physical custody is the right of a parent to have his or her children reside [Read More]
Joint legal custody creates certain obligations and responsibilities of parents. Joint legal custody requires that parents cooperate with each other for the benefit of their child or children. Joint legal custody imposes upon the parents an obligation to behave in a mature, civilized and cooperative manner in carrying out the joint custody arrangement. This means [Read More]
We continue our exploration of child custody matters with a review of custody terms. We start with "Legal Custody." Legal custody is the authority of a parent to make decisions for their child. These include, but are not limited to, decisions regarding the child’s education, religion, medical care, discipline and place of residence. Legal custody [Read More]
Today we examine custody agreements and custody litigation. Custody agreements almost always are preferable to custody litigation. Custody agreements generally are more likely to succeed than an order that is the product of adversarial litigation. On the other hand, custody litigation has significant collateral consequences. Custody litigation is among the most unfortunate of circumstances for [Read More]
Custody agreements almost always are preferable to custody litigation. Custody agreements generally are more likely to succeed than an order that is the product of adversarial litigation. On the other hand, custody litigation has significant collateral consequences. Custody litigation is among the most unfortunate of circumstances for adults. Short of the death of a parent [Read More]
This is the second in a series of articles about New York’s new maintenance law. So far we have discussed that New York’s new temporary maintenance law has two variations, which depend on whether or the payor will be paying child support. In this post we will apply the formulas that I have written to [Read More]
New York State's New Maintenance Law changes the way courts must address temporary and post-divorce maintenance. This may be the most important development in New York domestic relations law in many years. This series of articles will examine the new law. It will start with the provisions for temporary maintenance. The new provisions for temporary [Read More]
When discussing custody of children, the first consideration always should be the child or children. Too often the adults make themselves and their conflict, pride and dysfunction, the main considerations and driving forces in custody cases. This usually results in the child or children suffering as a result of the conflict between the adults. Even [Read More]
Our illustrious Governor has signed the new maintenance law this past Friday. The new Temporary Maintenance provisions included in this law will go into effect on October 25, 2015. The balance of the law, including a new post-divorce maintenance formula, will go into effect on January 23, 2016. This will make New York matrimonial practice [Read More]
This is the last post in our short series on equitable distribution. The final step in an Equitable Distribution Analysis is distribution. Marital property should be distributed “in a manner that reflects the individual needs and circumstances of the parties.” Equitable distribution of marital property is intended to give effect to the "economic partnership" concept [Read More]