Pursuant to New York law, parties in custody actions may enter into stipulations setting forth terms defining custody and child support rights, and the courts will generally affirm such agreements if they are in the best interest of the children in question. Essentially, the court-approved agreements in custody actions are…
Those fighting on the front lines are now faced with additional challenges – custody of their children. Because medical providers, firefighters, and other essential workers are exposed to COVID-19 more than anyone else, they are now getting denied parental access to their children. Unfortunately, there is not enough guidance from…
Rudyuk Law Fim will continue to update you on new developments and information in light of COVID-19 pandemic which affects divorce litigation and family law procedures in NYC. Last evening, New York State Unified Court System Chief Administrative Judge Lawrence K. Marks issued an administrative order outlining additional steps the…
With schools closed and parents’ work schedules altered, co-parenting may become even more challenging. Below are some tips on how to get through the difficult times with the best interest of your children in mind. Accept the fact that your parenting time may need to change: Regardless of whether the…
AN IMPORTANT NOTE FROM MY FIRM: As we all fight the unprecedented pandemic caused by the COVID-19 (Coronavirus), my firm remains readily available to our divorce and family law clients and new clients. If you have any questions or concerns regarding your divorce action, co-parenting during difficult times, child support,…
In many cases in which a couple with a child divorces, absent an agreement, the court will issue an order granting one parent primary physical custody and award the other parent parental access. Custody orders are not permanent, however, but can be modified upon a showing that a modification is…
In many marriages, one spouse will hold strong religious beliefs and will provide religious guidance to any children born of the marriage, while the other spouse will not actively practice religion. Accordingly, when a couple with such differing religious beliefs decides to divorce, the issue of what religious upbringing the…
Parent alienation is a significant factor which New York courts consider in child custody cases. Parental alienation can strain parent-child relationships if not identified and handled correctly. Parental alienation occurs when one parent influences the child to have “unwarranted feelings of fear, anger and/or disrespect towards the other parent.” This…
In deciding which parent should have legal custody of a child, New York Courts consider the following factors: Which parent has been the Primary Caregiver; Which parent is more available; Whether a parent is willing to foster the relationship of the child with the other parent; Parent’s ability to provide…
New York courts always determine custody based on what is in the best interest of the children. If there is no court order or a written agreement between the parties, then both parents have equal rights to physical and legal custody of the child. Where modification of existing order of…