Blog Archives

Modification of a Custody Order: Part 9- The Parties’ Respective Work Schedules

In making any determination of custody, a court should look at the respective work schedules of the parties.  The respective work schedules of the parties can form a basis for a determination of residential custody as well as the basis

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Modification of a Custody Order: Part 4 – Best Interests Analysis and Totality of Circumstances

  Upon finding a change of circumstances a judge is required to determine what custodial arrangement would promote the best interests of the child.  This may or may not require a change of custody or a change to the parenting

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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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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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