When custody is disputed by the parents, then it’s likely that the judge will want to hear input from children. This probably won’t involve giving testimony in court – it’s far more likely that the judge will appoint a guardian ad litem to represent the child. The guardian ad litem will meet with your child […]
Category Archives: Child Custody
A history of substance abuse, whether alcohol, drugs, or prescription drugs, is something that judges consider very closely when reviewing custody petitions. Most problem drinkers will have indicators in their financial records of purchases at liquor stores, meals in restaurants and bars that cost far more than food alone, or even a history of seeking […]
Custody matters that include allegations of abuse are extremely difficult for the parent being accused, but unfortunately this scenario is all too common. In cases where abuse is alleged, it’s important that the parent rebut allegations with factual, clear responses. For instance, if your child once fell while playing and was taken to the emergency […]
It’s extremely unlikely that a Rochester judge will order a young child to testify on the stand in a divorce matter. Judges take the protection of children in divorce very seriously, and while older teens are sometimes asked to testify about custody matters, children of all ages are usually handled in a very different way. […]
Any criminal conviction, even a misdemeanor, will work against you in a custody fight in Rochester, but when the conviction relates to violence in the home, it’s a larger hurdle to overcome. However, there are a number of scenarios where a past criminal conviction may not matter as much as you think. If the conviction […]
A history of substance abuse is certainly a reason for the court to exercise caution when it comes to your petition for custody, but the particulars matter a lot. Many people with a history of alcoholism or drug abuse have successfully gotten and stayed clean, and demonstrating this to the court is one way to […]
While the laws governing divorce and child custody matters in New York are gender neutral, courts care substantially about protecting the special bond that exists between children and their primary caregiver. Because there are still disparities in workforce participation and earning power, men continue to play the majority of the role of breadwinner, while women […]
While the State of New York uses different terminology, for parents who are divorcing, one of the most critical and painful considerations is who will maintain the physical custody of the children, and how great a role the other parent will play in the years to come. For most families, both parents will want to […]
Your son’s adolescence and the problems he may be experiencing probably don’t fall under the state’s definition of a “change in circumstances” for the purposes of child custody. Typically, a change in circumstance is understood to be a change in the parent’s life, such as a move, financial hardships or windfalls, and similar. That said, […]
New York gives parents great leeway in how they choose to raise their children and what people are allowed to be part of their children’s lives. When it comes to whether grandparents, aunts, uncles, cousins, and other blood relatives can reasonably expect to win visitation with a relative’s children through a lawsuit, the answer is […]