It is not unusual for parents to enter into custody agreements during divorce proceedings. These agreements are often incorporated into court orders, making them legally enforceable. However, when disputes arise, or significant changes occur, courts are called upon to interpret and enforce these agreements. A recent New York case highlights…
Articles Posted in Child Custody
New York Court Upholds Order Granting Mother Sole Custody
New York courts prioritize the best interests of the child in custody cases, ensuring that any custody arrangement will provide the child with a safe and stable environment. As demonstrated in a recent New York decision, doing so may sometimes require the courts to grant one parent sole custody over…
New York Court Upholds Child Support and Custody Determinations in Divorce Case
New York courts prioritize the best interests of the child in custody and support cases, ensuring that both parents meet their obligations. A recent New York decision reaffirmed the court’s discretion in determining custody and child support, emphasizing that such rulings will not be disturbed if supported by substantial evidence.…
New York Court Discusses Grounds for Awarding Sole Custody
Generally, the New York family law courts strive to maintain and protect the relationships between parents and their children. They will only do so if it is in the child’s best interest, however. As such, if a court finds that one parent fails to abide by court measures intended to…
New York Court Discusses Grounds for Overturning Custody Determinations
Many married people with children ultimately decide to end their union. As such, in addition to relying on the courts to determine their rights and obligations with regard to assets and liabilities, they will look to the courts to decide how custody should be divided. While New York law is…
New York Court Explains Circumstances that Warrant a Custody Modification
It is not uncommon for divorcing parents to enter into stipulation agreements that set forth their parental rights or for the courts to incorporate such agreements into divorce decrees, rendering them enforceable. Even if parents believe the terms of stipulations are suitable when they enter into them, circumstances can arise…
New York Court Discusses Determining Whether to Allow a Parent to Relocate a Child
When a couple with children decides to end their marriage, their primary concern is often determining an arrangement that best suits their children’s needs. In many cases, this will involve an agreement to live in a certain geographical area. The courts will typically adopt such an agreement if they find…
New York Court Discusses Grounds that Warrant a Support Order Modification
New York law demands that parents support their children financially, and in many shared custody cases, the courts will order one parent to pay the other child support, subject to the terms of a support order. The law also recognizes that circumstances can change over time and allows parties to…
New York Court Examines Modification of Orders Determining Custody
When tasked with determining parental rights, the New York courts generally aim to maintain the parent-child relationship, but the health and welfare of the child is their paramount concern. As such, in some cases, they will find it to be in a child’s best interests to limit a parent’s access…
New York Court Discusses Child Support in Shared Custody Cases
New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights,…