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…
During a divorce, it is essential to keep in mind that the family business is an asset and a source of income. The parties to a divorce are entitled to divide the marital portion of the business as part of the equitable distribution of their marital assets, and the income…
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…
When contemplating a shared physical custody schedule for an adolescent, the child’s personality shall be considered. One of the common arguments in custody cases is that children should be able to spend “equal” time with both parents so that they may develop a meaningful relationship with each parent. Many advocates…
Quite often I receive phone calls from people who seek a divorce but cannot locate their spouses. Such a situation is not uncommon in our immigrant community. Some people simply go back to their home countries leaving their spouses clueless of their whereabouts. The due process clauses in the Constitution require the defendant to…