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]
Today I am starting a series of posts about child custody matters. Custody matter are among my least favorite domestic relations matters. When custody is litigated, the children always lose. As a parent I find this unfortunate. As a professional, I find this distasteful. However, I do not shy away from custody cases because if [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]
Every now and then a custody case comes along where a parent proposes to separate siblings. The reasons that I have heard put forth for such an idea invariably are lame and have more to do with the parents' problems rather than what is best for their children. Not surprisingly, as a general rule, courts [Read More]
Custody cases in general are among the more difficult domestic relations cases. Custody cases that involve children with special needs are even more challenging for parents and attorneys. Courts have recognized the "unique challenges" presented by children with special needs and the case law reflects that in custody cases involving special needs children those special [Read More]
In our age where the moral stigma of divorce is almost gone, there is still a certain stigma to adultery. Although people who have affairs no longer are branded with a scarlet letter, most people are a little leery of those people whom they know to have affairs. Maybe we trust them less or we [Read More]
All too often kids are the victims in divorces and custody battles. Protecting kids from the conflict between their parents is among the most important things parents can do for their children. There are some resources available to help parents with this. One of these is the State of New York Parent Education and Awareness [Read More]
As discussed in the previous articles in this series, a court will determine a custodial parent request to relocate with a child over the objection of a non-custodial parent by using the factors set forth in the Tropea case. The fifth and last of these factors is the existence of a geographic relocation restriction agreement [Read More]
We start the year by concluding the discussion of relocation of a custodial parent. Parts 1 and 2 dealt with general issues. Parts 3 and 4 will deal with some specific considerations. As discussed previously, in evaluating a custodial parent's request for permission to relocate with a minor a court must determine if such a [Read More]