Category Archives: Child Custody

Saratoga Child Custody Lawyer Discusses Grandparents Rights in a Custody Battle

Question: Evan is our first grandson and he spends a lot of time with us, the father now wants a forensic study done with his mother as the second parent.  We weren’t even asked to participate.  The lawyer we have hired says we have no voice in this custody hearing, and our background with the grandchild does […]

Revising a Child Custody Order in New York

If a parent is looking to modify an existing Custody Order, he or she should petition the Family Court for permission to modify that order. This also works if a parent is looking to modify the terms set forth in a Divorce or Separation Agreement. Download Our Free Divorce Guide This informational blog post was […]

Grandparent Custody Rights

Question: I have had custody of my granddaughter for 4 1/2 years and my daughter has done nothing in all those years to try to get her back.  She visits twice a week, most weeks she never calls for the visits and the courts set all of this up.  Now she’s taking us to court […]

Contesting a Relocation

Question: My current order (out of NY) allows me to move 500 miles from the town my son’s father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is if I reduce […]

Calculating Child Support in a Shared Custody Situation

We have a number of cases where our client shares custody with the other parent. By sharing custody, the parties have an equal schedule with the children. Under the current New York State Child Support Statute, there is not statutory framework for how child support will be paid. In fact, the New York Court of […]

Can My Spouse Move Out of State with Our Daughter Without Consent if Custody is Shared?

Question: We got divorced two years ago by mutual agreement. We did our documents through “we the people” and chose to do the visits with my oldest daughter and our younger daughter one week with him and one with me. We stayed here in Schenectady to make it easier for us to keep that schedule […]

Medical Decisions for My Child

Question: I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent?  My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it. I have voiced my concern […]

Getting My Child Back with Full Custody

Question: My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with his dad which I had no problem […]

Can the Parent with Sole Custody of Kids Move to a Different State?

If a parent is looking to relocate, that person should petition the Family Court to seek permission to do so. Sole Custody may be a factor which strongly supports the possibility that the court will grant permission to relocate. Having Sole Custody of a child does not, in and of itself, give that parent permission […]

Child Custody

Child custody is often one of the more difficult issues that we address when undertaking the divorce process.  We must have a provision for the custody of children 18 years or younger.Now, children are not emancipated until they are 21 in New York but a court can only issue a custody order for children who […]