The Upstate New York Divorce Law Blog
Modification of a Custody Order: Part 5- Willingness to Foster a Relationship with the Other Parent
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, [Read More]
Modification of a Custody Order: Part 4 – Best Interests Analysis and Totality of Circumstances
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 [Read More]
Modification of a Custody Order: Part 3 – The Weight to be given to the Existing Order
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 [Read More]
Modification of a Custody Order: Part 2 – Change of Circumstances
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 [Read More]
Modification of a Custody Order: Part 1 – Hearing Preparation
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 [Read More]
Marital Fault in Equitable Distribution
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 [Read More]