The Upstate New York Divorce Law Blog
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]
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 Law for the Judge at the start of the hearing that identified the legal issues that I expected would be presented. [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]
Denying a parent parenting time is a drastic thing to do. A court will not do this unless it is shown that parenting time with the non-custodial parent would be detrimental to the child. This requires some rather extraordinary circumstances. Courts will not deny a parent access to their child based upon conflict between the [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]
There is no fixed rule as to what is or is not an appropriate parenting schedule and no schedule is perfect. Nevertheless, there are some schedules that are more common than others because they fit the reality of everyday life better than others. The most common element in parenting schedules is alternating weekends. Alternating weekends [Read More]
A non-custodial parent has the right to "reasonable and meaningful access” to their child or children. To the extent that the parties can agree to what is a fair and balanced parenting schedule that give the non-custodial parent and child reasonable and meaningful time with each other, a court will not second guess their agreement. [Read More]
Visitation refers to the time that the non-custodial parent has with their child. More accurately, this should be called parenting time, since this is the non-custodial parent's time to parent their child. In a 2006 report from the Unified Court System it was recommended that the term “parenting time” be used instead of “visitation.” The [Read More]
We continue our exploration of custody matters today with a brief discussion of residential custody and the separation of siblings. As a general rule, courts are reluctant to separate siblings and will not do so unless there is an “overwhelming need” to do so. The New York Court of Appeals repeatedly has recognized the importance [Read More]