Practice Areas Archive – Lauren L. Hunt Esq., PLLC

Divorce

From a legal perspective, “divorce” is simply the formal process of ending the marriage contract.

Anyone who has ever been touched by this process, though, knows that the real thing isn’t quite that simple. Because—no offense to the legal definition or anything—but it doesn’t recognize the emotional toll divorce can have on a family.

With so many unaccounted-for pitfalls, here are a few things to know about your options for divorcein New York, and how you can make the process run as smoothly as possible.

The Type of Divorce Matters

Contrary to popular belief, getting divorced doesn’t have to be a contested, drawn out affair, involving a courtroom battle. Indeed, there are several ways to get divorced, almost all of which are more efficient and cost effective than the stereotypical litigated divorce.

When considering options, keep in mind that it’s always possible to switch between the options – so you can try out a more negotiation based option and still switch to a more litigation based option if needed..

Uncontested Divorce

In New York, an uncontested divorce is available in one of two instances:

First, you and your partner have resolved all issues of custody, child support, spousal support (aka: alimony), property and debt division, and counsel fees in a written, and properly executed, settlement agreement. I call this the “settlement agreement” uncontested divorce.

Second, you and your partner have no assets (like: a house, bank accounts – joint or individual, furniture, etc.) no children, and make relatively the same amount of money.

If you are in either of these two categories, you can move forward with an uncontested divorce. This method requires no court conferences. It is simply a process wherein you, or your attorney, file with the court a significant amount of papers to prove to the judge that the issues are all resolved and you should receive a divorce. The judge reviews the papers and, if acceptable, signs the Judgment of Divorce.

This option is typically best for individuals who haven’t been married long, don’t have children, and have few (if any) marital assets.

While it’s possible to execute an uncontested divorce without an attorney, it’s not advisable. Divorce law is highly nuanced, and it’s too easy to give up essential rights on your own without even realizing you are doing so. At the very least, have a family law attorney review your matter before you file, to ensure there aren’t any red flags.

“Contested” Divorces

On the other hand, if you’re like most couples—the kind who have children together, have assets (in joint and/or individual names), and may have different income levels – then you are required to resolve those issues before you are eligible for a divorce. This means that your divorce is considered “contested.” A contested divorce does not mean a nasty divorce – it just means that you have some issues to resolve before you can qualify for an uncontested divorce via the “settlement agreement option.” There are 3 main ways to solve a contested divorce – mediation, collaborative divorce, and litigation.

Mediation

During mediation, couples meet with a licensed, third-party individual (called a “mediator”) to attempt resolution without court interference. Everything discussed is confidential and non-binding, which means it cannot be used against you in court at a later date. In addition to saving time and money, couples who successfully navigate mediation have the added benefit of retaining more control over their final outcome.

Mediation can be in person or virtually, via Zoom or similar platform. It is a flexible process and can be as fast or as slow as the couple needs it to be. The parents will attend each mediation session and the mediator will go issue by issue with them to help facilitate resolutions. Once all issues are resolved, the parents will sign a settlement agreement and can then proceed with an uncontested divorce.

Collaborative Divorce

Similar to mediation, collaborative divorce involves working towards reaching an out-of-court settlement that is tailored to the specific needs of the family. In collaborative divorce, the parents each have their own attorney and there is typically an individual hired as a “family professional” who helps guide the communication to make sure that the goals and values of the family are reflected in the resolutions reached.

This process also involves other experts as may be necessary – such as financial advisors and child psychologists, all of whom work—not for the benefit of one side over the other—but toward the goal of overall resolution.

The hallmark of the collaborative process is that the parents sign an agreement to resolve the matter within the collaborative framework. All settlement discussions are confidential and cannot be used in a subsequent court proceeding (should the collaborative fail and litigation be necessary).

Litigation

Sometimes, despite everyone’s best efforts, reaching a solution without court involvement isn’t possible—and that’s okay. The court is always on standby.

Litigation is a formal court process where there is a judge assigned to the matter and court conferences are held. At each conference, the judge will work to try and facilitate a settlement via negotiation. If a settlement is not achieved, the matter heads to trial where both sides present facts to a judge, who then makes a final decision, and complies these directives into a final order.

Litigation can be very expensive and incredibly time consuming. Those who can make an alternative method of divorce work should definitely try, since those processes are almost guaranteed to save time, money, and offer more satisfactory results.

Grounds: To Blame, Or Not to Blame?

In layman’s speak, “grounds” are simply the reasons you want a divorce. This is something that must be listed in your original complaint, and in the state of New York, grounds can be filed under two categories: “fault” or “no-fault.”

Before proceeding any further, you should know that in 2010, New York State implemented “no fault” divorce and, while fault-based grounds still exist…they are rarely, if ever, used. The reason being that judges do not want to spend time arguing about why the marriage ended. They want the parties to focus on resolving the important issues of custody, support, and property division – rather than arguing about who did or didn’t do what to whom.

The benefit of no-fault divorce is that the divorce process is faster, and often a lot cheaper, than arguing about grounds. In addition, with a no-fault divorce, you are guaranteed to obtain a divorce. Filing under fault based grounds means you need to prove that there is enough wrong with your marriage to require a divorce. Simply put – if you could not prove your marriage was “bad enough” you…remained married. Yeah. No one wants that, which is why no-fault is a great option.Fault-Based Grounds

While most states have done away with fault, New York is one of the few that still allows blame to factor into divorce.

When a divorce is filed on grounds of fault, judges must determine whether the party suing for divorce has enough “grounds” for divorce. There were several grounds but most often parents attempted to file under cruel and inhuman treatment or adultery.

To the wronged party, this might sound like a great arrangement. However, keep in mind, a judge needs a high (very high) degree of proof to grant a fault based divorce.<spanconverted-space”> This meant that fault-based divorces were both contentious and costly -with no guarantee of a win. Because of this, the advent of no-fault divorce was a truly welcomed option for divorce.

No-Fault Grounds

In a no-fault divorce, neither party shoulders blame for the breakup. Instead, your complaint will simply state that the marriage has been “irretrievably broken for a period of 6 months or more.” This statement is based upon your subjective belief and you cannot be asked to prove whether the marriage is “irretrievably broken.” It is broken if you say it is broken, plain and simple.

Filing this way save partners a lot of emotional strife, and makes transitioning into the next phase of your life much easier, especially if have kids.

Lauren L. Hunt: New York Divorce Attorney

Divorce can feel like the end of the world. It’s stressful, heartbreaking, and incredibly isolating, especially if friends and family start taking sides. While it’s impossible to completely shield yourself from the emotional fallout of this endeavor, divorce is not something you have to do alone. By hiring the right attorney, you can enter the arena not only armed with a passionate advocator, but with another set of shoulders to share the burned.

If you have more questions about divorce in New York, and how these laws will affect your dissolution, I want to hear from you. Schedule a consultation by calling the offices of Lauren L. Hunt at (518) 282-7300, or, make an appointment online. While divorce is an end, it’s also a beginning.

And it’s one I want to help you reach.

Frequently Asked Questions

What are grounds for divorce?

When filing for divorce, your complaint for divorce and summons for divorce must include your “grounds,” or rather, the reason why you want to dissolve the marriage. In New York, individuals can file under either fault, or no-fault divorce grounds. While fault-based grounds still exist, they have sat essentially unused since New York State implemented no-fault divorce in 2010. In order to use these grounds, you will need to sign an affidavit stating that your marriage has been “irretrievably broken” for a period of 6 months or more. This is your own subjective belief and there is no requirement that the 6 months be consecutive. Once this affidavit is signed, you will be able to qualify for an uncontested divorce if you prove that the following issues are resolved (if they apply to your case): custody, child support, maintenance, property and debt division, and counsel fees.

Can I get divorced in New York?

To secure a divorce in New York you need to meet one of the following residency requirements:

One spouse must have lived in NY for two continuous years.
One spouse must have lived in NY for one year, and you either:

Got married in NY;
Lived in NY as a married couple; or,
The grounds for your divorce happened in NY.

Both spouses are residents of NY when the divorce commences, and the divorce grounds occurred in NY.

What are the different types of divorce?

In New York, there are four different ways to get a divorce:

Resolution without an attorney—when both parties agree to all the terms on their own and have those agreements in a legally binding settlement agreement.
Mediation—informal negotiations between the parties that are guided by a neutral, third party “mediator,” who helps the spouses try and reach a settlement.
Collaborative Divorce or other out of court negotiated settlement—a more structured process for out of court negotiations whereby each spouse hires their own attorney so they have independent legal advice. The couple agrees to negotiate without running to court.
Litigation—a formal court-based action, possibly ending in trial.

What is Divorce?

“Divorce” is the legal process of dissolving a marriage contract. While the specifics vary between cases, a Judgment of Divorce will only be issued if all relevant “ancillary issues” are addressed and resolved by either a settlement agreement or a judge-signed order. The ancillary issues are the following five topics:

Child Custody—resolving terms for legal and physical custody of the children.
Child Support—funds paid to support the children.
Equitable Distribution—dividing assets and debts acquired during the marriage (which includes dividing assets which may only be in one spouse’s name).
Spousal Maintenance—money paid by one spouse to help the other due to a difference in incomes.
Counsel Fees—monies paid to allow a spouse to have legal counsel.

Adoptions

Parenting isn’t easy. That saying has never been more accurate when you are creating or expanding your family by adoption. Whether you are considering a step parent adoption, a second parent adoption, or possibly adopting domestically or internationally, it is important to understand the road ahead so that you can plan as best you can for your new family.

New York adoption law is complex and not always user-friendly but having a basic understanding of the process is invaluable. If you are considering becoming an adoptive parent here are a few things to know about how New York handles this process.

Adoption Overview

Adoption is the process of becoming the legally recognized parent of a child who is not biologically your child. The process concludes with a “finalization ceremony” which is a court proceeding where the Judge will take brief testimony from the adoptive parents and then sign the adoption paperwork; solidifying the adoptive parents as the legal parents for any and all purposes. After the finalization ceremony, a new birth certificate will be issued which removes the biological parents and lists the adoptive parents.

Unlike becoming a guardian—a process that temporarily places legal, decision-making authority into the hands of an outside adult—adoption is permanent and binding. Once finalized, all duties, rights, and responsibilities of parenthood shift to your shoulders. In the eyes of the law, you are that child’s parent—completely and wholly.

The metamorphic nature of adoption has far-reaching results. Legally, it shifts the line of inheritance from biological parents to adopted parents and alters birth records. Emotionally, it solidifies and completes the bond that has been present since the first day you met your child.

Once concluded, adopted children will receive an amended birth certificate, which replaces the names of birth parent(s) with their adopted ones, insuring that there is no legal distinction between the rights of one versus the other.

Who Can Adopt?

The short answer is: most adults.

While some states are still playing catch up to the idea of what a modern family looks like, New York does not restrict adoption to traditional family units. This opens the possibility of parenthood up to a wide range of individuals, including:

LGBTQ couples;
Single individuals;
Married couples;
Two intimate partners;
Couples without children;
Couples with children;
High income households;
Low income households;
Men;
Women; and even,
Gold-aged senior citizens.

In New York, gender, income, religion, race, marital status, or sexual affiliation make no difference in terms of whether or not you’re allowed to adopt. Indeed, in our state, the only real adoption qualifications, are:

You must be at least 18; and,
You must pass a criminal background check.

Background Check: Red Flags

Abuse. If a background check reveals any felony convictions involving abuse, neglect, sexual crimes, or drug use that has occurred within the past five years, these individuals will not be allowed to adopt or foster. Full stop.

Other Limitations

Citizenship. While proof of citizenship is not technically required to become an adoptive parent, the ability to provide a stable home environment is a requirement. Thus, any uncertainty about an individual’s citizenship status could potentially create an inadvertent roadblock.

Marriage. If a married person wishes to adopt, then both spouses must adopt. The only exception, is if the couple has been legally separated by either court order, or living on their own for more than three years. In that instance, a married person may adopt on their own; without the consent of their spouse

Adoption: The Process

The adoption process will vary past upon the type of adoption you need or want. So, the first step in the adoption process is determining the type of adoption you want to pursue. The types of adoption are:

Domestic Adoption: which is when you pursue the adoption of a child from anywhere within the United States by either (1) hiring a private adoption agency, (2) finding a birth parent on your own and pursuing a private adoption, or (3) adopting through the foster care system
International Adoption: which is when you adopt a child in another country and then return to the US and readopt or register the adoption in the US.
Step-Parent Adoption: this is a process whereby a step-parent adopts the biological child of their spouse.
Second-Parent Adoption (LGBTQ Adoptions): this process is frequently used by LGBTQ couples to provide an additional layer of protection to their family, so that they are indisputably parents of their child and not relying solely upon marriage laws to prove parentage.
Adult Adoption: is when an adoptive parent adopts an adult person (which is someone who is over the age of 18). This type of adoption is often done for estate planning purposes or by LGBTQ couples who do not want their legal relationship to rely solely upon marriage laws (as the recognition of a legal same sex marriage can vary significantly).

If you have questions about which path to adoption is best for your family, it is a very good idea to meet with an adoption attorney who can answer your questions and help you choose the best first step forward.

Moving Forward: Biological Parent’s Consent

In New York, birth parents have legally recognized rights that may require them to be notified of all adoption proceedings until such time as they sign a Consent to Terminate their parental rights or until a Judge terminates their parental rights. Therefore, once you’ve chosen the type of adoption that you would like to pursue, you will then need to consider whether the adoption will be on consent of the birth parent(s) or without the consent of the birth parent(s).

If the adoption is on consent of the birth mother, which is most often the case with private adoptions (except for foster care adoptions), then you will need to determine whether the birth father needs to be notified of the adoption. The requirement to notify the birth father will vary based upon the birth father’s level of involvement in the child’s life, and the age of the child when he or she was placed with the adoptive family. Once the parental rights of both parents have been terminated, the adoption can move forward to finalization.

If the adoption is not on consent of either the birth mother or a birth father (who falls into the category requiring notification), then you may still move forward with requesting the adoption but need to first terminate the biological parent’s rights. A termination of parental rights proceeding can be lengthy, costly, and emotionally-draining. You will want to make sure that you speak with your adoption attorney to find out how to best prepare for this portion of the process.

Additional “To-Do’s”

The process of obtaining the consent of a biological parent (or terminating their rights) can be lengthy. While that is going on, the adoptive parents can still move forward with a number of other requirements for the process, such as:

Home study: this is when a social worker visits your home, interacts with you and any other members in the home, and receives information from collateral contacts as to whether they believe the adoption is in the adoptive child’s best interest. The fee for the home study will vary and in most instances it is paid by the adoptive parents.
Medical Clearance: New York state requires that an adoptive parent provide a letter from their doctor stating their health status.
Criminal background check: this process is all electronic and is relatively simple. Appointments can be made online and the fees are typically less than $25 and paid by the adoptive parents.
Petition for Adoption and related paperwork: there is a lot of paperwork to complete to petition for an adoption. Your attorney should handle this portion for you but be aware that you will be asked to sign several different documents, ranging from a Petition to Adopt to an Agreement to Adopt.
Completing the waiting period as required by your specific situation.

Finalization Hearing

Once the birth parents rights have been terminated (either by a court or on consent), the remaining paperwork is complete, and the criminal background check is passed, the adoption proceeds to a finalization hearing. This is a formal hearing where the Judge will take testimony from the adoptive parents about why they wish to adopt. The Judge will then sign the Decree of Adoption making your status as “parent” 100% official! It is a very exciting day and typically parents can bring along other friends and family members to celebrate with them.

Step-Parent, Second-Parent, and LGBTQ Adoptions: A Special Note

Many parents wonder about the benefits of pursuing a step-parent or second-parent adoption. They worry about whether it is “worth” the cost of the attorney’s fees they may incur. While the decision to pursue a step-parent or second-parent adoption is personal to each family there are some reasons why the cost could be worth it to your family; especially given the finality and permanency bestowed by an adoption.

A step-parent adoption will end the rights of one biological parent; with the end of those rights also comes the end of their child support obligation. Many times that detail will aid in getting the biological parent to sign off on their rights. Once that occurs, the process is very streamlined and cost-effective.

For a second-parent adoption or an LGBTQ adoption, the process of formally adopting the child that you already regard as your own can feel…demeaning and degrading. But, adoption may be a very important avenue for you to pursue so that your parental bond is based upon more than just the presumption of marriage or the birth certificate. Presumption of parentage by marriage and or by listing both parents on a birth certificate is just that—a presumption. It is subject to interpretation based upon the individual or entity you are dealing with and, even worse, can be subject to change based upon the reversal of laws and current court rulings. The only way to guarantee that your family unit will be recognized as a family is by obtaining an Order of Adoption or a parentage order.

A second-parent adoption or an LGBTQ adoption is typically very cost-effective and streamlined; especially for the significant rights and protections it affords the parents and the children.

Parentage Proceedings

As of February 21, 2021, New York State will allow LGBTQ couples the additional avenue of filing a parentage proceeding. The parentage proceeding will be a streamlined proceeding that results in the issuance of a parentage order. The proceeding should have the advantage of allowing LGBTQ couples to by-pass the following requirements: home study, abuse/neglect clearances, medical histories, financial forms, fingerprinting, etc. The goal of this proceeding is to confirm parentage; rather than apply for it (as is the purpose of the adoption proceeding). This type of proceeding is far more appropriate for LGBTQ couples and will hopefully result in a simpler, more stream-lined process, for parents.

Lauren L. Hunt: New York Divorce Attorney

As a parent, I know firsthand about both the difficulties and joy that come with raising a child. It isn’t an easy journey, but nothing is quite as beautiful, either.

If you have more questions about adoption in New York, and how these laws could affect your family, I want to hear from you. Schedule a consultation by calling the offices of Lauren L. Hunt at (518) 282-7300, or, make an appointment online, and let me help you complete your family through adoption.

Frequently Asked Questions

How long does adoption take?

Most of the time, adoption is not a quick process. Once the decision to adopt is made, it often takes at least six months (or more) to match with the right child. Afterwards, an additional three to twelve might be needed for the formal court process before anything can be finalized. If, however, the adoption is for a family member (such as a stepparent or second parent) or the adoptive family is a close friend of the biological parent(s), this timeline can be shortened because the initial match time isn’t necessary. Many times, these types of adoptions are on consent and can be completed relatively quickly (within a few weeks to a few months). Keep in mind, though, that if a biological parent contests the adoption then the court process can still be a lengthy one.

What is a closed or open adoption?

There are two main types of adoption: closed and open. In a closed adoption, records are usually sealed. After adoption, birth and adoptive parents do not have contact, and the child or children have no contact with their biological parent(s). In contrast, the records of an open adoption are left open. Here, families may also agree to communicate or have contact with each other in a Post Adoption Contact Agreement (PACA). This type of agreement will typically provide parameters for the type of communication or contact, as well as the frequency of communication or contact.

Who can adopt?

In New York, any adult—regardless of gender, sexual orientation, marital status, age, or race—can adopt so long as certain prequalifications are met. Interested individuals must fill out a petition, complete a home inspection, and pass a background check in addition to other requirements. You cannot adopt if your background check reveals a felony conviction for:

Child abuse or neglect;
Spousal abuse;
Crimes against children;
Violent or sexual crimes; or,
A felony for drugs or physical assault in the past five years.

How do adoptions work?

Adoption is the process of bestowing parental rights, responsibilities, and decision-making power to an adult who is not a child’s biological parent. Unlike a guardianship—which is temporary, and often limited—adoption transfers the full mantel of parenthood to an adult who is not biologically related to the child. Here, the child’s family line is legally altered, requiring a new birth certificate, and shifting inheritance rights from biological to adopted parents. Once complete, the new, parent/child relationship is permanent and recognized in all states.

Child Custody

Parents want nothing less than the very best for their child. This is true whether the couple remains married or takes a different path; one towards divorce. If you are facing divorce, one of your primary worries is likely, “how is this going to impact my children?” This is a normal, and completely understandable, question.

In order to start to make sense of what lies ahead, you need some basic information about New York custody laws.

Custody, Defined

To begin, the term “child custody” or “custody” refers to two separate items: (1) legal custody which is the decision making for the children, and (2) physical custody which is where the children live on a day to day basis.

While married, the spouses share joint legal and physical custody by default. However, upon divorce in New York, these obligations need to be discussed and apportioned in a way that makes sense for your family and, most importantly, your children.

In New York, all issues of custody, both legal and physical, are decided based upon “the best interest test.” This is not a one-size-fits all test. It is case-specific and what is relevant in your situation may not be relevant in your friend’s situation. Let’s look a little deeper at this concept.

The Governing Standard

When determining issues of custody, you (and if your matter is in court, the judge) will evaluate the facts of your case under the “Best Interest of the Child” standard. The typical factors that are considered in arriving at a custody agreement in New York are:

stability of a parent;
ability of the parent to care for the children;
past history of drug or alcohol abuse;
parent’s voluntary actions prior to involving the court or attorneys;
home environment;
child’s wishes or special needs

In New York, the presumption is that a child’s best interests are served by having a loving, healthy relationship with both parents whenever possible. So, unless there are extreme circumstances that might shift this interest a different direction, you and your spouse are likely to share the bulk of parenting responsibilities and parenting time.

Types of Custody

You’ve probably already heard the terms “legal” and “physical” custody thrown around at some point—either in a movie, or at your best friend’s backyard barbeque—but what do these terms mean, exactly?

In short, legal custody refers to a parent’s right to make important decisions on behalf of their child. Physical custody, on the other hand, describes where the child will actually live. Here’s a closer look…

Legal Custody

Parents have a right to decide how their child is raised. They have a right to decide what religion to expose them to, how to educate them, and what medical procedures to approve (or deny). Indeed, when it comes to parental powers, few rights are held in higher regard by courts at either the state or federal level.

There are three main types of legal custody:

sole legal custody: this result is when one parent has sole decision-making power on all or select areas of legal custody.
modified joint legal custody with final say: this may be a solution for situations where parents can discuss matters but, if they end up at an impasse, one parent has automatic final say and can made a decision without having to further involve a court
joint legal custody: the parents must discuss and agree upon all legal custody matters.

Due to the gravity of this inherent authority, judges tend to lean to joint legal custody in almost every instance; with the other options for custody being reserved for truly contentious or difficult relationships.

Physical Custody

A physical custody arrangement, commonly known as a parenting time plan, is determined based upon what is best for your specific family. One of the best ways to determine a parenting time plan is to look at a calendar and consider your children’s already existing schedules. Is there a way to divide up time with them that will easily flow with the other obligations or transitions they already have in life? If so, you may want to spend some time crafting the schedule around those points.

A parenting time plan typically falls into the following three categories:

Primary physical custody to one parent with parenting time to the other: this is where one parent has the children for more than 50% of the time.
A “school year” and a “summer” schedule: often this type of schedule results in the parents agreeing to, perhaps, equally share physical custody during the summer months but have a “primary parent” during the school year with the primary parent’s home acting as a home base for the children for school purposes.
Equal parenting time: this schedule is where the parents equally share time with the children based upon any number of schedules.

The type of custody schedule to be agreed upon, or imposed by a judge, is based upon the “best interest” test outlined above. In areas of physical custody, physical abuse or domestic violence is required to be considered by a judge though the statute does not state how a judge is to consider this factor…just that it “shall be considered.”

Another factor that is often discussed is the children’s wishes. In New York, the children’s wishes as to a custodial schedule are not determinative. The saying is that the children have “a voice but not a vote.” However, the children’s voice tends to have more weight as they reach the age 13 and older.

In New York, it is rare for a judge to revoke visitation rights, altogether. If you have a concern about the safety of your children during parenting time, that is something to speak with your attorney about so that you can create a way to ensure they are safe.

Work it Out Without a Judge

At the end of the day, no one knows your child better than you—not even a highly skilled judge. Unfortunately, when the court gets involved, an outside party is required to make these important decisions on behalf of your family.

Sometimes, court is an unavoidable situation, and we do the best we can to ensure the judge sees your family dynamics from your perspective. However, for most couples, a trial can easily be avoided.

Resolution methods such as mediation, or collaborative divorce, or simply agreeing to negotiate outside of court, offer parents the flexibility to meet their family’s individual needs on their own terms. They are also much less expensive and time consuming, meaning your child is less likely to be subjected to the toxicity of a long, drawn-out custody battle.

In general, judges are more than happy to approve parenting plans that couples reach, outside of court. So, if you and your spouse are able to negotiate and communicate respectfully, this could be a win for all parties involved.

Lauren L. Hunt: New York Divorce Attorney

It can be excruciating to watch your child suffer the ill-effects of divorce. As a parent, who is also a child of divorce, I not only empathize with this heartbreak but I know what your children are going through and worrying about. I want to do everything in my power to help you reach a custody agreement that fully meets the needs of your family.

If you have more questions about child custody in New York, and how these laws might affect your parenting arrangement, I want to hear from you. Schedule a consultation by calling the offices of Lauren L. Hunt at (518) 282-7300, or, make an appointment online, and together, we can ensure that your needs are met.

Frequently Asked Questions

What is parenting time?

The parent who is not the child’s primary residence is called the “visiting parent” or the “non-custodial parent,” and will almost always be granted extensive rights for parenting time. Parents can resolve custody either on their own, with the help of a mediator or lawyer, or a judge can determine the matter. If there is a question of harm or danger to the child, either because of physical abuse or because the parent struggles with addiction, the court may require supervised visitation or other terms to ensure that the child is safe.

How is physical custody decided?

When determining whether a child should live primarily with one parent, courts analyze a number of different factors, including:

Parental availability;
The age and health of both parents;
Current education and childcare arrangements;
The child’s preference (including emotional ties to each parent); and,
Any allegations of domestic violence, alcohol / drug use, or other difficulties.

After careful consideration, a physical custody arrangement is made according to what will best serve the child’s long-term welfare and happiness.

What is legal or physical custody?

Custody is divided into two main categories: legal and physical. Legal custody is the authority to make important decisions on behalf of a child, including medical procedures, education, and religious upbringing. Physical custody refers to the child’s day-to-day schedule; primarily where they are living on a day to day basis as well as how they will divide holidays with the parents and spend vacation time with the parents. After divorce, it’s common for parents to share legal custody equally, with physical parenting time being apportioned based upon what works best for the children and the family.

What is child custody?

“Custody” refers to decision-making and guardianship authority that an adult has over a child. These parental powers are divided into two categories: legal and physical, and both categories must be addressed to resolve a divorce. In New York, custody orders can only be made for children who are under eighteen, and will be decided according to what is in the child’s best interest.

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