The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
New York Child Custody Law: So What Exactly is “Legal Custody?”
Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities. When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making). Please note that “day-to-day” decisions are made with the parent who has …
New York Child Custody Law: So What Exactly is “Physical Custody”?
The term “physical custody” or “residential custody” is who the child(ren) live with primarily (i.e., over 50% of the time by looking at overnight stays and “waking hours”). There are two main options with physical custody: (1) Primary Physical Custody with Visitation to the non-custodial parent – Primary physical custody to one parent while giving the other parent reasonable visitation/parenting …
Overview of the Law on Child Custody in New York
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 …
Choosing a New York Family Law or Divorce Mediator
It is important to choose the right mediator for you and your particular dispute. Mediators vary in experience, language proficiency, subject matter expertise, style, fees, communication, and level of involvement. For example, some mediators are able to speak fluently in different languages or have knowledge in certain family law disputes (e.g., animal ownership disputes). Some mediators do “virtual mediation” while others …
What is Mediation?
Mediation vs. Arbitration Mediation is oftentimes confused with arbitration. In mediation, a mediator acts as a neutral third party to help the parties reach an amicable resolution. Put simply, a mediator helps facilitate a conversation between the parties. A mediator is not a judge or a jury and does not make a decision for the parties. However, in some instances, …
Kicking Off My “Book Tour” for Onward and Upward
I will be starting off my “Book Tour” for my book “Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues” at my BNI Chapter on March 29, 2016 from 6:00pm to 7:30pm at Club 101 located at 101 Park Avenue (at 41st and Park Avenue, just a block south of Grand Central Station). I will be …
Sample Mediation Chapter from the New Family Law Book
I’m excited to share a sample chapter of my newest book, “Onward and Upward: Guide for Getting Through Divorce & Family Law Issues.” You can find my chapter on Mediation, here or here. Mediation can be a great form of Alternative Dispute Resolution (“ADR”) to help people through any type of family law dispute including child custody and parenting time disputes, …
Video About Onward and Upward: Guide for Getting Through New York Divorce and Family Law Issues
I’m really excited to share the video about my new book “Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues.” I’m really proud and excited about the finished product of this book. I love that it collaboration of both lawyers and nonlawyers, working together to strengthen families and people. This book is a phenomenal information …
The New Enhanced Earning Capacity Rule
The new spousal maintenance law signed into law by Andrew Cuomo at the end of September changes the concept of enhanced earning capacity in terms of looking at as an asset subject to equitable distribution. In the previous law, if a party earned a license or professional degree during the marriage, it was considered an asset to be divided …
Change in Guidelines for Calculating Temporary Maintenance in New York
On September 25, 2015, New York governor, Andrew Cuomo, signed into effect legislation that has changed guidelines set for determining temporary spousal support. These guidelines for temporary maintenance go into effect October 26, 2015. One of the major changes under the new bill is the reduction in the income cap from $543,000 to $175,000. Additionally, starting on January 31, 2016 …
The New Maintenance Rules for Post-Divorce Maintenance
In late September, new maintenance legislation was signed into law in New York. The new bill changes the guidelines for calculating post-divorce maintenance. The law goes into effect January 25, 2016. Similar to the temporary maintenance guidelines, the income cap for post-divorce maintenance is also $175,000. Additionally, the court makes the determination of which formula to use based on which …