Robert G. Smith, PLLC

Posts tagged "Child custody"

Advantages of a detailed parenting plan

One of the most difficult aspects of a divorce between New York parents who have young children may be working out arrangements for child custody. The process of putting together a parenting plan might ease some of that difficulty. At the very least, having a detailed plan in place may make the transition less difficult for their children.

Sherri Shepherd ordered to pay child support

New York residents who may be considering conceiving a child through a surrogate may be interested to learn that actress Sherri Shepherd lost her court appeal to stop paying child support on March 2. The actress and her then husband agreed to conceive the child through surrogacy when they were still married; however, she attempted to void the surrogacy contract when they got a divorce shortly after.

A different type of child custody

When New York parents go through a divorce, they may end up sharing physical custody of their children. One scenario is referred to as bird's nest custody. This is when the child lives in one house, but with only one parent at a time. If mom is in the house, dad is gone, and when dad is in the house, mom is gone.

Divorced parents can make a holiday parenting plan

In New York, as well as other states, family courts get congested around the holidays because divorced parents cannot agree on who spends specific days with the children. There are, however, ways to minimize strife and increase enjoyment of the holidays for both the parents and the children.

Father fights to bring son home

New York residents may be interested to learn about an international child custody battle that has been going on for the past two years. In 2013, a father in Texas learned that his ex-wife was not returning from Brazil with his son after traveling there for a family wedding. Without the father's knowledge, the mother had enrolled the boy in a new school and been granted full child custody by a Brazilian court.

State and tribal courts spar over child custody dispute

Child custody disputes in New York in which one parent has Native American ancestry could result in jurisdiction showdowns when children are taken to a reservation. An ongoing battle out west highlights how tribal courts could shield children from court orders from other states. A grandmother who received custody of her two grandsons, ages 8 and 5, currently has a $25,000 warrant out for her arrest because of her alleged interference with the custody awarded to the boys' father.

Hair strand drug tests are unreliable, study shows

Child custody cases in New York sometimes involve allegations that one parent is smoking marijuana. If the parent is tested for drug use with a hair strand test, there is a great chance that the test could produce a false positive. According to a new study by the Institute of Forensic Medicine in Germany, people who have not consumed marijuana may collect drug metabolites in their hair follicles from marijuana smoke or the hands of a person who has smoked marijuana.

Man's fight could help New York fathers

A 25-year-old South Carolina man successfully won custody of his daughter after the baby's mother secretly put her up for adoption. Although the couple wasn't married, a law in South Carolina allows fathers to sign up for a registry that will notify them if the child is put up for adoption. New York has a similar law. As a result, the man was told of his daughter's birth and subsequent adoption, which allowed him to take legal action to seek custody.

Controversial therapy used in some child custody disputes

New York residents may have heard about parental alienation syndrome when it was in the news several years ago after actor Alec Baldwin accused Kim Basinger of alienating their daughter from him. More recently, during the summer of 2015, it was again in the news after a Michigan judge ordered children to attend reunification therapy when they refused to see their father. The father also requested that the children not be allowed to contact their mother for 90 days.

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