Category: Child Custody

In order to determine what is in the best interest of a child in a custody case the Court must only make this determination following a full and comprehensive evidentiary hearing.   The New York Courts hold that parents have a fundamental right to custody of their children...

While the New York Family Court Act allows paternity proceedings to be initiated at any point from the time of pregnancy until the child in question is 21-years-old, there is at least one instance in which such proceedings will be halted. That is due to equitable estoppel when such a revelation would not be in...

Modification of a child custody order in New York requires there be some sort of material or substantial change in circumstance since the previous order was issued. Our Brooklyn family law attorneys know failure to establish this will likely result in dismissal of the request, as was seen recently in the case...

Alcohol or drug abuse by parents can have a significant impact on the outcome of a Brooklyn child custody claim. Many times, such issues are at the root of why the claim was brought in the first place. But drug use or even abuse alone is not ground enough to terminate a person's parental rights....

Parents who are separating or divorcing often turn to the courts to help them establish a parenting time plan that is both fair to the parents and beneficial for the children. Unfortunately, our Brooklyn child custody attorneys have seen cases where some parents have used children as a weapon against the other parent....

Issues of child custody have never been easy, but over the years, they have become increasingly complex as the make-up of the American family has evolved. It's not uncommon for partners to cohabitate unmarried for years, even as they raise children, acquire property and take on joint debts. There is nothing inherently wrong with this....

One of the most common kinds of child custody cases to be determined by New York family court judges is known as relocation custody or "away custody." These are situations wherein the parent with primary custody, following a dissolution of marriage or child custody order, seeks to relocate with the child either out of the...

Family court judges charged with deciding child custody cases weigh a long list of factors, but they will hold this above all others: The best interests of the child. This standard can be used to trump everything else, even what might otherwise be considered fairer for the parents. Brooklyn child custody lawyers note this is...

There are perhaps few terms of a divorce or separation with such high potential for contention like child visitation. While the courts generally prefer to have arrangements wherein the parenting time is split 50-50, family law courts also realize that in some cases, this is neither realistic or even in the best interests of...

Custody battles can be difficult to win and emotionally breaking.  Hiring an experienced child custody attorney is your best assurance of a positive outcome.  A NYC family law attorney can protect your legal rights, but it’s up to the client to take a few steps toward obtaining your goal.

Act First

Anytime...