When is the Best Time to Enforce Joint Custody?

Grounds for divorce and taking in the consideration the relationship you and your spouse have, your family has complicated time ahead. Maneuvers and strategies are needed to give you peace of mind. Providing desirable outcomes with everyone’s best interest in mind is necessary. Allow us to share our experiences and provide you with our remarkable strategies for desired outcomes. There are two categories of custody in the state of New York. Legal custody and physical custody. Both are in the “best interest of the child,” this phrase is up to the court to decide and enforce. Understanding the meanings of both categories is the first step in making your decision. Legal custody is the right for a guardian to make the important decisions. Where kids go to school. Who their doctor will be.  And which holidays they will celebrate. Making these decisions is important, a former spouse or lover, is almost an inevitability. Having joint custody of your son or daughter is [...]

By |2019-09-03T00:02:37-05:00April 23rd, 2018|

When Will Fathers’ Rights Be Applied in Child Custody?

You and your wife are calling it quits. You’re ready to move forward with a divorce. The decision may have been excruciating and years in coming, or it may have been a light bulb moment and you haven’t looked back since. Your marriage is definitely over, but what about your kids? You and your wife will be forever linked to your children, never more so than when they are young and under your care. You love them dearly, but you can’t continue living with their mother. More decisions must be made – about where and with whom they will live. Fortunately, if your divorce is like most, your wife and you have both put the interests of your children above any antipathy you have for each other. Either with each other directly, or with your lawyers as intermediaries, you have crafted a custody arrangement that will provide the most [...]

By |2019-10-24T05:02:11-05:00March 19th, 2018|

How Long Does It Take to Get a Temporary Guardianship?

Guardians are persons appointed by the court to have “custody” of the individual or “ward” of the court under circumstances where such individuals are not competent to represent themselves in legal or other important matters. Guardians may be appointed for minors or adults on a temporary basis. Temporary Guardianship for Minors Temporary guardianships are generally designed to last no more than 6-months. If the subject of the guardianship is a minor, you will want one appointed in matters where the child is involved as a plaintiff in a civil lawsuit, if there is a custody dispute, or where the child has a physical or mental disability. A temporary guardian can be appointed immediately in many cases. and is generally called a guardian ad-litem. A temporary guardianship expires after 60-days although it can be extended for an additional 60-days for “good cause” but only after a total of 90-days has [...]

By |2019-10-23T09:17:44-05:00January 12th, 2018|

Child Support Payments Calculations in New York City

New York has adopted the Child Support Standards Act (“CSSA”) for the purposes of calculating child support payments. New York statutes explain to parents that each of them has a responsibility for the primary needs of the child including food, shelter, and clothing. This is known as basic support and is the obligation of both parent. The calculations can be confusing. Determining basic child support To determine child support obligations the courts will use the income of both parents up to $143,000 for 2017. This amount is scheduled to increase on an annual basis. The parent's income, including from wages, social security income, fringe benefits, and more are considered as part of the income. Certain deductions, such as supplemental security income, FICA taxes, and support payments made to children from prior marriages, or relationships may also be deducted. It is imperative, if you are uncertain about the amount you [...]

By |2019-10-24T03:27:55-05:00August 17th, 2017|

What is my Child Support Obligation If I Have a 50/50 Custody?

Many divorced parents are confused about how child custody can affect the amount of child support being paid by one parent, especially when the two parents share joint 50/50 custody of their child or children.How Does Child Support Work with 50 50 Custody?The parent who pays child support often wonders why they have to pay at all since they're in a 50 50 custody agreement. Child support has nothing to do with how much time each parent spends caring for their children and instead has everything to do with which parent has a higher income.For example, Larry and Carla divorced two years ago, and they share joint custody of their three children. The kids alternate between one week with Larry and one week with Carla. But Larry, an investment banker, pays monthly child support to Carla, a marketing account manager, even though Carla has her own apartment and makes her own [...]

By |2019-10-23T09:09:46-05:00May 10th, 2017|

6 Detrimental Mistakes That Could Sabotage Your New York Child Custody Case

All things being equal, both parents have joint custody rights to their children. Custody laws are also supposed to be gender neutral, meaning that Dad has as much of a right to raise the kids as Mom. But judges are human, and some may subscribe to the old preconception that younger children, in particular, are better off being raised by their mother. Others may assume that if Mom is not acting as a primary caretaker, she’s not suited to remain in that role. And still, others will assume you’re a questionable parent if you make other mistakes, five of which we cover below. Losing Your Cool with Your Spouse Yelling implies aggression and loss of control, which is especially detrimental for men, as the presumption still exists that men are more dominating and formidable than women. If you are a dad seeking custody and make the mistake of yelling [...]

By |2019-10-24T08:15:55-05:00April 10th, 2017|

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