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Category Archives: Child Custody

BBNR Partner Evan Schein Addresses the AFCC Symposium on Child Custody

For the past 13 years, the Association of Family and Conciliation Courts, the premier interdisciplinary and international association of professionals dedicated to the resolution of family conflict, has held an annual symposium on the topic of child custody.  During the symposium, family lawyers, psychiatrists, researchers, judges, professors, and other professionals from across the world discuss, […]

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 […]

Long Island Court: A child can have three legal parents

A Suffolk County trial court has issued a first-of-its-kind decision in a New York case: a child may have three legal parents, who all share custody. You can read the entire decision in Dawn M. v. Michael M. here, or read the more “fun” New York Post article describing it here. And the facts are […]

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 […]

Berkman Bottger Newman & Rodd Partner Jacqueline Newman Interview by Piers Morgan on Madonna’s Messy Custody Dispute

Jacqueline Newman, managing partner of Berkman Bottger Newman & Rodd, was interviewed last week by Piers Morgan and Susanna Reid on the popular iTV morning show Good Morning Britain. The topic: the messy and extremely public child custody fight now being waged between Madonna and ex-husband Guy Ritchie over their child Rocco, who currently resides […]

Preventing International Child Abductions

Parental kidnapping is the most prevalent form of child abduction in the United States. Although many children are taken to another state, when a child is taken out of the country, the situation becomes more difficult because of jurisdictional, legal and linguistic complications. There are several things a parent can do to reduce the likelihood […]

Joint Physical Custody: Is It Feasible?

Joint physical custody (a 50/50 access schedule) requires a high level of communication and logistical coordination between parents to be successful. Joint physical custody works better for children in low conflict divorces, where parents are able to cooperate. It may be for this reason that only about ten percent of children from divorced families are […]

Making Plans For Your Children

Creating a workable parenting plan is frequently a divisive aspect of any divorce proceeding. Few people are at their best during a divorce proceeding and the real best interests of children can be lost in the fray. Required by the State of New York, parenting plans are agreements that flesh out details of a custodial […]

Do Grandparents Have Rights?

A growing and evolving area of law surrounds the issue of grandparents’ rights to visit their grandchildren. Unfortunately, grandparents frequently find themselves excluded after a divorce. What often happens is that the custodial parent is unable to control anger and hostility and severs all relations with the extended family of their ex-spouse. This hostile behavior […]

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