The Upstate New York Divorce Law Blog

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A forum for discussion of the legal and practical matters of getting divorced in Upstate New York.

Modification of a Custody Order: Part 8 – School Attendance

Excessive absences from school while a child is in the care of a parent can reflect poorly on a parent’s ability to guide and nurture the child and provide for the child’s education and emotional growth. A court must look

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Modification of a Custody Order: Part 7- Poor Parental Judgment

In determining custody, a court should consider if a parent has exhibited poor parental judgment.  Poor parental judgment can take on a variety of forms but generally it consists of a parent placing his or her own interests over those

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Modification of a Custody Order: Part 6 – False Allegations

Among the factors that a court will consider in determining a modification of custody is false or unsubstantiated allegations made against one parent by the other parent. When a parent is found to have made false allegations against the other

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Modification of a Custody Order: Part 5- Willingness to Foster a Relationship with the Other Parent

Particularly relevant to a best interests analysis when modifying a custody order is each parent’s past performance and their willingness to foster a healthy relationship between the child and the other parent. For example, in one recent case, the court

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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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