Robert G. Smith, PLLC

Posts tagged "Child custody"

Adoption of a child by a stepparent

Stepparents in New York who wish to adopt their stepchildren may wonder what is necessary to set the process in motion. While a stepparent adoption may be less complex than other types of adoptions, it is necessary to obtain approval from the birth parent in most cases. Because this involves giving up all parental rights, there may be resistance from the birth parent.

Balancing school and the parenting plan

New York couples may benefit from learning more about how many divorced parents are able to design their parenting plan around ensuring their child has enough stability. Maintaining a daily routine by adhering to a carefully tailored parenting plan be paramount to helping children transition into life after divorce. Parents are also advised to establish a mutually agreed-upon form of communication, whether it by email, texting, phone calls or some form of social media.

Social media evidence now admissible in New York custody cases

The Westchester County Supreme Court has ruled that a New York man can present evidence collected from the Facebook profile of his ex-wife in his battle for custody of their 4-year-old child. The father had claimed that the mother had been traveling extensively instead of caring for their child. Asserting that he was the primary caregiver, he asked the court to grant him custody.

Rutherford suffers loss in custody case

California and New York are on opposite sides of the country, but divorced parents in both places are likely paying attention to the recent developments in Kelly Rutherford's custody dispute. The former "Gossip Girl" star was dealt a blow when a judge ruled that the state of California no longer has jurisdiction over the grueling custody battle that Rutherford is fighting with her ex-husband.

Child custody and child support in New York

Emotions frequently run high when divorcing spouses become embroiled in a dispute concerning child custody, and New York law contains a number of provisions designed to encourage parents to resolve their differences amicably. When it does become necessary to involve the courts in a child custody dispute, judges will make their decisions based upon what is considered to be in the best interests of the child. Disputes over child support can also become extremely contentious, and noncustodial parents may face severe consequences when they fail to make their court-ordered child support payments.

Parents organization gives New York custody laws a failing grade

The child custody laws in New York were given a failing grade by the National Parents Organization in 2014 when they rated the provisions for shared parenting contained in the statutes of each state. While Rhode Island was the only other state to receive an F, 23 states managed only the lowest passing grade of D. Only seven states and the District of Columbia were awarded a B, and no state received an A. Critics of child custody laws say that more provision should be made for shared parenting because mounting research indicates that these arrangements make it far easier for the children of divorcing parents to cope.

Jon Gosselin wants custody of his daughter

As some New York residents may know, the former reality show star Jon Gosselin said he wants a change in his child custody arrangement. Since their divorce in 2009, his ex-wife has had custody of the couple's eight children. Modifying a custody arrangement in this fashion requires evidence that the child would benefit from a change in custody and that overall circumstances have changed.

New York parents may get help getting their children back

The U.S State Department says that roughly 8,000 children were wrongfully abducted and taken to another country by their parents between 2008 and 2013. Of those taken to countries who are signatories to the Hague convention that deals with these matters, only half are returned. One of the biggest obstacles to returning children back to America has to do with diplomatic relations between countries.

Less stress when both parents are involved in a child's life

While courts in New York and other states usually believe it is best for both parents to have contact with a child or children after a divorce, many observers feel that switching between homes can be stressful for the children involved. However, a recently-published study found that a joint custody arrangement might work better for children than giving one parent sole custody.

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