The basis for determining child custody is what is in the child’s best interests. This standard makes the child’s welfare the primary determining factor in child custody cases. Judges will look into who is involved primarily in the raising of the child: Who has participated in the child’s school work, Who takes the child to the doctors, … [Read more...]
Custody, Child Support Parenting Time (Visitation)
Since both parents are parents, visitation has now been replaced with the term parenting time. Non-residential parenting time favors a very liberal parenting time schedule for the non-residential custodial parent. The minimum visitation time is every other weekend, every other holiday, access on Father’s Day and Mother’s Day, depending whether … [Read more...]
Factors Of What Are Considered To Be In The Child’s Best Interests
In custody cases courts as a general standard refer to as the best interests of the child as a significant factor as to which parent should be the residential custodial parent of the child. Courts look into the existing relationship the child has with the parents and which parent has the child been living with. If the child has been living with … [Read more...]
Mother Denied Relocation; She Was Granted Order Permitting Father Only Supervised Visitation
In a case before Court Attorney Referee Juanita Wang in the Family Court of Queens County, a Mother brought a petition seeking to modify the parties existing order of custody and visitation of the child. In addition she requested the court to be allowed to relocate to Florida. The parties had joint legal custody. The Mother was the residential … [Read more...]
Various Terms Defined
Physical Custody: This refers to a situation where an adult lives with a child. The adult is responsible for the child and takes care of the child's day to day needs. Legal Custody: Legal custody deals with an adult being responsible for making important decisions with regard to education, religion, medical matters and other matters of importance … [Read more...]
Mother Seeks Custody Of The Child
In a case before Denise McDermott in the Family Court of Madison County, New York two unmarried parents of a 4 year old child named Katey sought custody of her. The mother brought a lawsuit seeking sole custody, both legal and physical custody. The father of the child petitioned the court for joint custody with shared placement of the child on a … [Read more...]
Divorce and the Internal Revenue Service
Many issues can arise after parties are divorced with regard to the filing of their income taxes. In the event you are divorced as of the end of the year you must file your taxes as either being head of household or as being single. If you had entered into a separation agreement you also may file as single or head of household. It should be … [Read more...]
International Child Custody Issues: The Hague Convention
In cases where a child is removed from one country where he or she resided in and brought to another country, what can a parent do? Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction (hereinafter referred to as the "Hague Convention"). The Hague Convention is a multilateral treaty. It has been ratified … [Read more...]
Hague Convention of International Child Abduction Petition Dismissed
An action was brought by Mohacsi in the United States District Court, before Judge William Kutz, who sits in a Federal Court located in the Eastern District of New York. The petitioner claimed under the Hague Convention on the Civil Aspects of International Child Abduction the court should return his four year old son named Nir to Hungary. He … [Read more...]
Judge Finds Child’s Best Interests Are Served By Mother Being Allowed To Relocate
In a case before Judge Aija Tingling ,who sits in the Family Court of New York County, a mother brought a petition seeking to relocate with her child. The father opposed the mother's application. The mother claimed she was hoping to relocate to Miami, Florida. She claimed her family resided there. The father convinced her initially to stay and … [Read more...]
