The Courts have found travel to be in the best interest of the child. Consequently, a parent should not unreasonably withhold consent for the child to travel with the other parent. If the non-traveling parent unreasonably withholds consent then the court can override the non-traveling parent’s objection to the travel. See Matter of Arroyo v. Agosta, 2010 NY Slip Op …
New York Child Custody and Visitation Law: Sibling Visitation
Siblings have a statutory right to visitation with each other. This is true whether the relationship be of full-blood siblings or half-blood siblings. There is a two-part analysis for evaluating sibling visitation. First, standing – or the right to be heard – has to be established. Second, the court must determine whether the visitation is in the best interest of …
New York Child Custody and Visitation Law: Grandparent Visitation
Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access …
New York Child Custody and Visitation Law: What About Supervised Visitation?
The New York Court of Appeals has held that absent any threat to the child’s wellbeing, those people who have visitation rights have the right to unsupervised visitation with his or her child. Weiss v. Weiss, 52 N.Y.2d 170 (1981); Nancy M. v. Brian M., 227 A.D.2d 404 (1996); Twersky v. Twersky, 103 A.D.2d 775 (1984). For the court to …
Child Custody and Visitation: Getting a Holiday Schedule in Place
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 …
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 …
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 …
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 …
New York Family Law: Relocation of Non-Custodial Parent
A client recently asked me: what happens when the non-custodial parent wishes to relocate outside of New York City greater area? She was the custodial parent in this case. Unlike with a custodial parent wishing to relocate, the law does not require the non-custodial parent to seek permission by the court, absent a separation agreement by the parties saying otherwise. …
A Primer on Matrimonial Law in New York
I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …
A Few of the Many Reasons Why I Support Divorce Mediation
I’m a divorce lawyer and mediator. As a lawyer, I handle both contested and uncontested divorce. A “contested” divorce just means that 1 or both parties seek court intervention. An “uncontested” divorce means that the parties were able to reach a settlement agreement without seeking court intervention. In either context, couples can decide to use a mediator. Here are a …