Blog Archives

Modification of a Custody Order: Part 3 – The Weight to be given to the Existing Order

We continue our discussion of the modification of a custody order by examining the weigh a judge will place on the existing custody order. An existing custody arrangement is but one factor to be considered by a court when considering

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Modification of a Custody Order: Part 2 – Change of Circumstances

Today we begin our exploration of the modification of a custody order.  The primary consideration in any custody matter is the best interest of the child.  With that in mind, a court will order the modification of a custody order

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Marital Fault in Equitable Distribution

Marital fault is who is responsible for the failure of the marriage.  Generally, it is not a factor in equitable distribution in contemporary New York practice.  Many a scorned or abandoned spouse believes that they deserved more because their spouse

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Restrictions or Conditions on Parenting Time

A court may impose reasonable restrictions on a parent’s parenting time.  These may include limitations on travel or travel outside the state.  These may include requiring a parent to refrain from consuming alcohol during their parenting time or for a

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Overnight Parenting Time

In some cases a non-custodial parent will be limited to daytime parenting time only and will not be given overnight parenting time with a child. This is the exception and not the rule. There are a couple of fairly common

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Parenting Schedules for Children

There is no fixed rule as to what is or is not an appropriate parenting schedule and no schedule is perfect.  Nevertheless, there are some schedules that are more common than others because they fit the reality of everyday life

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