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 1 – Hearing Preparation

Last month, I concluded a custody case in Family Court that settled on the second day of a hearing.  As part of my preparation for this hearing, I prepared and submitted a Memorandum of Law for the Judge at the

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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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The Denial of Parenting Time

Denying a parent parenting time is a drastic thing to do. A court will not do this unless it is shown that parenting time with the non-custodial parent would be detrimental to the child. This requires some rather extraordinary circumstances.

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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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Anthony Buono is among the leading domestic relations attorneys in the Capital District. His practice now is concentrated in domestic relations matters, including divorce and custody matters.

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