Articles Posted in Child Custody

Published on: | by

It is not uncommon for a party to move to a new location after divorce. When a person who shares a child with their former spouse decides to relocate, though, it may complicate their custody rights. As demonstrated in a recent New York custody ruling, the court’s principal concern in any custody action is what is in the child’s best interests, and any order that does not benefit the child will not be upheld. If you need assistance with a dispute over parental rights, it is smart to confer with a New York child custody lawyer.

Case Setting

Reportedly, the mother and father married in 2013 and had a child in 2015. In 2020, the father initiated divorce proceedings. The mother then relocated to another county, approximately one hour and 45 minutes away from the county where the marital residence was located. In March 2021, the trial court issued a temporary order granting joint legal custody with primary physical custody to the father and allowing the mother parenting time every weekend.

It is alleged that the parties reached a settlement stipulation in May 2021, addressing various divorce issues except for child custody and support. A trial ensued, and the court issued an order awarding primary physical custody to the mother, conditional on her residing in the county where the marital home was located. Both parties appealed. Continue reading

Published on: | by

It is not uncommon for a divorcing couple to enter into a settlement agreement establishing their rights and obligations. If they have children, such agreements may include provisions regarding child support. While any agreement pertaining to children must be in the children’s best interests, if the courts incorporate a stipulation of settlement into a divorce judgment, they will typically be enforced as written. When determining whether a stipulation of settlement is enforceable, the courts will assess, in part, whether the language is clear and unambiguous, as demonstrated in a recent ruling issued in a New York case in which the parties disputed whether child support for add-on expenses was warranted. If you want to learn more about your rights with regard to child support, it is wise to meet with a New York child support lawyer as soon as possible.

History of the Case

It is reported that the parties were married and subsequently divorced through a judgment entered in June 2015. The judgment incorporated a stipulation of settlement but did not merge the stipulation into the settlement. The wife later moved for child support add-on expenses in excess of $30,000, as well as attorneys’ fees. At the same time, the husband moved to end his child support obligation for the couple’s older child. He also sought to compel the wife to provide proof of child support add-on expenses going forward and to hold the wife in contempt for failing to comply with the stipulation of settlement. The trial court granted the wife’s motion and denied the husband’s, after which the husband appealed.

Interpretation of Stipulations Regarding Child Support

On appeal, the court reversed the trial court ruling with regard to the child support for add-on expenses.  In doing so, the court emphasized that a stipulation of settlement, when incorporated but not merged into a divorce judgment, is a contract subject to contract construction and interpretation principles. Continue reading

Published on: | by

Most divorces in New York are resolved through a settlement agreement.  Written Settlement Agreements set forth the terms of the parties’ division of property and support obligations. Generally, the courts will incorporate such settlement agreements into the final divorce decree and enforce them as they would other contracts. This means, as discussed in a recent New York ruling, that any modifications of such agreements must be in writing. If you intend to seek a divorce, it is smart to meet with a New York divorce attorney to assess your options.

Case Background

It is reported that the parties were married in 1998 and divorced in 2013, with a judgment that incorporated a separation agreement. The judgment stipulated maintenance payments of $400 per month while the wife resided in the marital residence or until its sale, and $900 per month afterward. The separation agreement allowed both parties to continue living in the marital residence and listed it for sale in 2013. The agreement specified that it could only be modified in writing with formal signatures. The husband moved out in March 2013, no maintenance was paid, and the residence was not sold.

Allegedly, in 2019, the wife moved to hold the husband in contempt and sought maintenance arrears, sale of the residence, return of personal property, and counsel fees. The husband presented a written modification agreement dated February 2013 stating that maintenance would end when the wife resided with another person. The husband argued this agreement modified the maintenance terms to allow postponement until their child’s graduation. The trial found the modification valid and enforceable, awarding counsel fees to the husband, and denied the wife’s claims. The wife appealed. Continue reading

Published on: | by

In New York divorce actions, the lesser-earning party will often seek spousal or child support from their spouse. The courts typically rely on income-based guidelines when evaluating such requests. In cases in which the higher-earning spouse’s income exceeds the income cap, the courts have the discretion to include income above the cap when making their decision. In doing so, however, they must consider certain factors, as discussed in a recent New York ruling. If you are interested in learning more about the economic consequences of ending your marriage, you should speak with a New York divorce attorney as soon as possible.

Procedural and Factual History

It is reported that in February 2018, the husband initiated an action for divorce. In August 2018, the court issued a temporary order that mandated the husband to cover all marriage-related expenses except for cell phone bills for the wife and their three children. The order also obliged him to pay $300 weekly as “unallocated support.” Subsequently, a parenting agreement was established in May 2019, leading to a financial hearing that month. Although the parties initially agreed on financial matters in July 2019, the wife never ratified this stipulation; as such, the financial hearing resumed in May 2021.

It is alleged that during this hearing, the parties settled on numerous issues, including maintenance and child support. The referee issued a memorandum decision post-hearing, which the court partially adopted and modified, culminating in the final judgment. The parties both appealed, asking the court to modify the awards for child support and maintenance. Continue reading

Published on: | by

In New York divorce actions involving children, the courts’ driving concern is what is in the best interest of the children, and they will issue custody orders accordingly. As such, a parent that wants to modify an existing custody order must meet a significant evidentiary burden, not only to demonstrate that a change is necessary but also to be granted a hearing on the issue. In a recent New York ruling, the court discussed what a party needs to demonstrate to obtain a hearing on a request for a custody modification.  If you are involved in a dispute over custody of your child, it is advisable to meet with a New York child custody attorney as soon as possible.

Factual Background

It is reported that the mother and the father were married and had two children together. They subsequently divorced. In the divorce judgment issued in November 2019, the court granted joint legal and residential custody of the children to both parents. The order specified, however, that the mother would be the custodial parent for child support purposes only. In May 2022, the father filed a motion to modify the custody provisions and secure sole legal and residential custody of the children. The trial court denied the motion without holding a hearing; the father appealed.

Grounds for Modifying Child Custody Orders

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in order to modify an existing custody agreement, the moving party must present evidence of a subsequent change in circumstances that necessitates modification in the best interests of the child. Further, the petitioning parent must make a threshold evidentiary showing of such a change in circumstances to be entitled to a hearing on a modification petition. Continue reading

Published on: | by

The cost of raising a child increases each year, and few people can afford it alone. As such, in cases in which parents split custody of a child, the courts will often order one parent to pay the other child support. If a parent refuses to pay child support, they can be held in contempt and may be incarcerated. As discussed in a recent New York ruling, however, the courts may be reluctant to both sentence a parent to serve time in prison and order them to pay child support arrears. If you have questions about your rights pertaining to child support, it is wise to confer with a New York child support attorney as soon as possible.

Factual and Procedural History of the Case

It is reported that the husband filed a motion requesting the court to find the wife in contempt of court for deliberately failing to comply with court orders to pay monthly child support and maintenance. The amount in arrears exceeded $48,000. The court ordered the wife to pay half of the arrears by a certain date in order to avoid further sanctions.

Allegedly, the wife failed to fully pay the purge amount. Consequently, the court issued an Order of Commitment, resulting in the wife’s imprisonment for a maximum term of three weeks. After the wife was released from custody, the court addressed the issue of whether the wife’s incarceration satisfied the purge amount. Continue reading

Published on: | by

When co-parents cannot agree on how to divide custody rights, they will often turn to the courts to resolve their disputes. In any custody action filed in New York, the court’s driving concern is what is in the child’s best interest. The courts can only issue rulings in cases in which they can properly exercise jurisdiction, however. Thus, if a court issues a custody order in a case that falls outside of its jurisdiction, it may be vacated, as demonstrated in a recent ruling issued by a New York court. If you need help defining or protecting your parental rights, it is wise to consult a  New York child custody attorney to discuss your options.

Factual and Procedural Background

It is reported that the mother and father married in Albania in 2014. They then moved to New Jersey and, in 2016, had a child. The following year, during a visit to Albania, the father filed for divorce. The mother and child subsequently relocated to New York while the father stayed in New Jersey. Courts in both New Jersey and Albania issued orders regarding custody arrangements and parenting time.

Allegedly, in 2019, the mother filed a petition in a New York court seeking a modification of the custodial terms and asserting concerns for the child’s safety. The court temporarily suspended the father’s parenting time, but after an investigation deemed the concerns to be unfounded, the court lifted the suspension. In October 2020, the father filed a petition in the New York Court seeking a modification to his scheduled parenting time. The parties ultimately entered into an agreement, which was reduced to a written order. The mother then appealed. Continue reading

Published on: | by

People often relocate for job opportunities without issue. When a person who wishes to move to another state shares custody of a child, however, it can create complications. In evaluating a petition to relocate or any custody issue, the court’s main focus is on what is in the best interest of the child involved. As demonstrated in a recent New York opinion, what arrangement is most beneficial for a child can change over time. If you have questions regarding your rights as a parent, it is in your best interest to speak to a  New York child custody attorney promptly.

History of the Case

It is reported that the mother and the father were co-parents of a minor child. The father, who had sole custody of the child since 2016, filed a petition for relocation in 2021. The court appointed a forensic psychologist, who found recommended that the court deny the petition; his recommendation arose out of conversations with the minor child that occurred over a year prior to the hearing, however.

Allegedly, the court conducted a lengthy Lincoln hearing with the child, after which it determined that the child wished to relocate. Thus, the court found it to be in the child’s best interest to allow the father to relocate with the child to California. As such, it granted the father’s petition for relocation and established the mother’s parental access schedule with the child. The mother appealed. Continue reading

Published on: | by

The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

  1. How long do Contested Divorces usually take?
Continue reading

Published on: | by

In New York custody actions, the court’s primary focus is the child’s best interest. Typically, the courts find that it will benefit a child to foster the parent-child relationship. As such, in cases in which parents share custody, if one parent attempts to alienate the child from the other parent, the court may find it in the child’s best interest to modify the custody arrangement. Recently, a New York court delivered an opinion in a child custody matter, in which it discussed what evidence is needed to establish parental alienation sufficient to warrant a custody modification. If you need help establishing or modifying your custody rights, it is in your best interest to confer with a New York child custody attorney as soon as possible.

Factual History

It is alleged that the mother and father married in 2007 and had two children during their marriage. They entered into a separation agreement in 2015 in connection with a divorce action that was filed but discontinued. Under the terms of the agreement, they shared joint legal custody of the children; the mother had residential custody, while the father had the right to parental access.

Reportedly, in 2016 the father filed an action in the Family Court seeking to enforce the separation agreement. The father asserted that the mother was interfering with his right to parental access. The court subsequently granted the parties joint legal custody but awarded the mother residential custody. The court modified the plaintiff’s parental access schedule as well. In 2018, the father filed an action for divorce and other relief seeking sole custody of the children, arguing that the mother regularly interfered with his parental access. The mother filed a cross-motion for sole custody. Following a lengthy hearing, the court granted the father sole residential and legal custody of the children. The mother appealed. Continue reading

Contact Information
20 Vesey St #400
New York, NY 10007
Phone: (212) 706-2001
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2019 – 2024, Rudyuk Law Firm
JUSTIA Law Firm Blog Design