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]
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]
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]
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]
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]
In some cases a non-custodial parent will be limited to daytime parenting time only and will not be given overnight parenting time with a child. This is the exception and not the rule. There are a couple of fairly common situations where it is appropriate to deny a non-custodial parent overnight parenting time. First is [Read More]
