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Category Archives: Child Custody & Visitation

Understanding Residential and Legal Custody of Children in New York

If you have “custody” of your children, what does that mean? If you’re just starting the process of divorce or a custody proceeding, you probably think custody is pretty simple, at least in concept – it means the children live with you, and the other parent gets to visit with them sometimes. But custody is […]

New York’s Highest Court Expands the Definition of “Parent”

In a true landmark ruling, the New York Court of Appeals, New York State’s highest court, has embraced a broader definition of a “parent” which would include the same-sex spouses of biological parents who did not adopt their partner’s child. In doing so, the Court overturned its prior precedent defining parenthood for purposes of custody […]

On neglect findings and custodial rights of parents of neglected children

In a sad story from Ulster County, the Third Department, in In the Matter of O’Dale UU v. Lisa UU, has upheld a trial court decision granting the father of a 9 year-old child sole legal and physical custody after the mother admitted to, over a three-month period, giving the child excessive amounts of the […]

Joint Custody Can Be a Positive Experience for Children

Many parents worry that a joint physical custody arrangement will be too disruptive to a child’s life. Shuttling between homes, getting used to the rules and people in two different households and creating a social life around the location shift can be difficult. However, if you and your ex-spouse agree to cooperate and manage the […]

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