Co-parenting after divorce is complicated at the best of times. With COVID quarantine problems over the last year, co-parenting has been become even more challenging. With so many people being sick and others doing everything they can to avoid spreading the contagion, regular parental visitation has become extremely difficult. This leads to communication issues between former spouses as well as …
I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois. Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider. They are: the wishes of …
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
Various reasons prompt a parent to want to relocate with his or her child. Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …
After deciding the “basic parenting time schedule”, parents should then decide how they want to handle holidays. Holidays include the following: School holidays/ National holidays (e.g., Columbus Day, Memorial Day) Religious holidays (e.g., Easter) Other holidays (e.g., Halloween) Birthdays (parents and children) Father’s Day and Mother’s Day Parents should make a list of all applicable holidays in which the parents …
Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982); see Welsh v. Lewis, 292 A.D.2d 536 (2nd Dept., 2002) (emphasis added). These factors include, inter alia: (1) The parent who has been the primary caretaker; (2) The age and health …
I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys. We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is followed by the State of New York and is codified in New York’s Domestic Relations Law Sections 75-78. Its applicability is with child custody and visitation disputes that cross state lines. The family law community regularly uses the statutory acronym UCCJEA – hopefully this post will dissect some of the …
As my readers know, not only am I a food and agriculture lawyer but I also have a family and matrimonial law practice. I wanted to point out a helpful organization here in New York City for you folks who may be going through a separation or divorce: FamilyKind. It offers separate classes for adults, children and teens to better …
When one parent (the custodial parent) has physical custody of a child, the other parent (the non-custodial parent) usually has visitation rights (i.e., “parenting time”). There is an assumption that a parent has a right to unsupervised visitation with his or her child absent any threat to the child’s wellbeing. However, if the court finds that there is a threat …
This weekend I completed New York child custody and visitation mediation training in Queens at Community Mediation Services, Inc. It was a complementary training to my divorce mediation training this winter with the New York Peace Institute. I am continually impressed by the quality of the education at our Community Dispute Resolution Centers (“CDRC”) in the state of New York. …
Each time I fly over New York City, I’m reminded how many people really live here. I’m just one little light in this big ol’ city full of millions of little lights. It’s quite beautiful to me, actually. However, when so many people live in a densely populated area, there are bound to be a few disagreements. That is where …