The Upstate New York Divorce Law Blog
Modification of a Custody Order: Part 11 – The Presence of Siblings
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, [Read More]
Modification of a Custody Order: Part 10- Home Environment and Childcare
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 [Read More]
Modification of a Custody Order: Part 9- The Parties’ Respective Work Schedules
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 [Read More]
Modification of a Custody Order: Part 8 – School Attendance
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 [Read More]
Modification of a Custody Order: Part 7- Poor Parental Judgment
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 [Read More]
Modification of a Custody Order: Part 6 – False Allegations
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 [Read More]