Monthly Archives: January 2015

What Can I Do When My Teenager In Rochester Has Made Suicidal Threats And My Ex Doesn’t Take Them Seriously?

If you have concerns about your child’s safety, you have an obligation to pursue relief. First, if you believe your child is contemplating a suicide attempt right now, call 911. Teenagers can spiral out of control very quickly, and a teen with suicidal ideation or mental illness may require hospitalization and medication to get back […]

Our Separation Agreement Is Working Well And Has Been In Effect For A Year. Can It Be Converted To A Divorce Settlement In Rochester?

Yes, if you and your spouse needed more time to think through your options and became legally separated a year ago, you already have the framework in place for a divorce settlement. Converting a separation agreement to a divorce settlement is known as a conversion divorce, and while they’re not as common as they were […]

We Have Joint Custody, But My Ex And I Can Barely Be In The Same Room Together And They Frequently Skip Visitation With Our Child. Can I Ask A Judge For Sole Custody In Rochester?

Joint custody is awarded with the expectation that parents will be able to work constructively together in the best interests of the child. If your spouse is failing to live up to the terms of your custody agreement and your relationship has eroded as a result, it may be time to explore a petition for […]

Are We Required To Legally Separate Before We Can Divorce In Rochester?

No, you are not required to legally separate to divorce in Rochester or anywhere else in New York. Under reforms passed in 2010, one spouse can file unilaterally if they wish, under the Irretrievable Breakdown grounds, and start a divorce at any point in time, assuming residency requirements are met. If your divorce is uncontested, […]

If Parents Split Custody 50/50 In Rochester, Does Either One Still Have To Pay Child Support?

Yes, when custody is split 50/50 in a Rochester divorce, the parent who earns more will be considered the non-custodial parent for the purposes of child support payments. Many parents balk at this legal device, but the State of New York believes that every child is entitled to financial support until they can support themselves, […]

Can My Ex Bring My Child’s Grandparents To Visitation In Rochester If I Don’t Want Them There?

The issue of grandparents’ rights to visit after a divorce is a complicated one, because while grandparents have no independent right to visitation, your former spouse has wide latitude within the scope of the custody agreement you’ve signed. If the agreement doesn’t specify the exclusion of your former spouse’s parents, or otherwise address the issue […]

When Both Parents Agree A Modification Of Custody Is Needed In Rochester, Which Parent Should File The Petition?

Either parent can petition Family Court for a modification of child custody in Rochester, and when the parents agree that there is a need, and agree on the details of the modification, the petition should move smoothly through the court. There’s no particular advantage to be had in one parent filing as opposed to the […]

My Ex-Spouse Wants Me To Take Custody Of My Son But Not My Daughter. Do I Need A Court Order, And Do I Still Need To Pay Child Support In Rochester?

When your ex-spouse wants you to take physical custody of one of your children, you should seek two modifications in Family Court in Rochester. First, you’ll want a court order that overrides the existing custody agreement and reflects your changed status with your son. Second, you should request a modification to child support to reflect […]

Can my contested divorce in Rochester become an uncontested divorce?

Yes, a contested divorce can become an uncontested divorce at any point – and vice versa – if you and your spouse can reach a negotiated agreement on whatever issues are outstanding. At the Preliminary Conference, the two sides will go through a checklist of items relevant to your divorce to see what elements you […]