Category Archives: Child Custody

During My Visitation Time With My Kids In Rochester, Do I Have To Tell My Ex Everywhere We’ll Be Every Second?

No, unless you are under a specialized custody agreement, you definitely don’t have to plan your visitation time to the second and give your ex a roadmap of your whereabouts. For the most part, ensuring that your ex can contact you via cell phone is adequate. If you’re stepping into a movie, for instance, and […]

Can I Get Custody If I Pleaded Guilty To Minor Misdemeanor In Rochester When I Was Very Young?

It’s certainly possible that you can get custody of your children even if you had a minor scrape with the law in Rochester when you were young. How much you’ll need to defend yourself along these lines has a lot to do with whether your spouse chooses to attack on these grounds, but if that’s […]

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 […]

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 […]

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 […]

Will Moving Out Of The House Before I File For Divorce Affect My Custody Petition In Rochester?

Yes, moving out of your house before you file for divorce can have a negative impact on your custody petition in Rochester. You are essentially signaling to the judge that your needs are more significant than your relationship with your children, and by leaving your children with their other parent, you are effectively advocating for […]

Will Staying In The Same Neighborhood Help My Custody Petition In Rochester?

Preparing a home in the same neighborhood where your children currently live can help convey to the judge that you are being proactive in protecting their relationships with their friends and helping them stay established in their schools. And whether or not you win physical custody, being close by means that considerations related to visitation […]

Can I Prevent My Spouse From Taking Our Children Out Of The Country As Part Of Our Rochester Custody Agreement?

There are many situations where a custodial parent may want to take steps to prevent a child from being taken overseas during visitation with their other parent. In military families, one spouse may be assigned to duty stations abroad. Many families involve a spouse who is a foreign national or has close family ties in […]

Will Rochester Judges Approve A Modified Custody Agreement If I’m Moving Out Of State And Want My Kids For The Summer?

It’s certainly possible to get modifications of custody agreements when a non-custodial parent is moving away from New York for professional, family, or other reasons. It’s always beneficial to bring your former spouse into the dialogue before going to court, and an experienced child custody attorney can help you talk to your spouse if your […]