In decades past, sole legal custody of young children was routinely awarded to the mother under what was referred to as the tender years doctrine. Today, sole custody is rarely awarded. If you have a sole custody situation, it is important to understand what your rights and responsibilities are. If you are in the process of negotiating a parenting plan, …
How Is Child Custody Decided When Parents Live in Different States?
If you and an ex-spouse or divorcing spouse live in different states, you may be wondering how child custody is decided. It’s a good question, because states often handle custody very differently. Custody Generally Follows the Rulings of the Child’s Home State… Almost all U.S. states follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). According to the Act, …
Can You Change a Divorce Agreement?
As all divorcees well know, life does not always go as planned. People grow, relationships evolve, children are born, jobs are changed, and unexpected detours happen. When a divorce is made legal, both spouses will agree – in writing – on the terms of the settlement. This may be done through mediation, litigation or arbitration. Depending on the couple, this …
What Not To Do In a Custody Battle
Litigation over custody is both complicated and emotional. That confusion and emotional involvement unfortunately leads many parents to take irrational steps that hamper their cases. Keeping perspective when facing a custody dispute It is common for parents to get caught up in a fight over parenting time and in the process lose sight of the impact it will have on …
3 Reasons Custody Agreements Are Revised
Custody and visitation agreements aren’t set in stone. While it’s absolutely essential to abide by the terms of the decree while it’s in effect, it is possible to ask the court to change the terms. Either parent may consult a divorce lawyer to discuss child custody modifications, but there must be a compelling reason and evidence to prove these changes …
Questions about Parental Visitation Rights
Divorce is never an easy undertaking, particularly when children are involved. Parental visitation rights can be one of the most emotional components to this process, as mother and father determine what is best for the children and the family unit in general. If you are feeling overwhelmed with the idea of determining parental visitation rights, the attorneys at Kantrowitz, Goldhamer …
Changes Ahead for Relocation of Children Law in New Jersey?
Two pieces of legislation pending in New Jersey have the potential to change the results of requests to relocate children under custody agreements. Currently, under the law established in Baures v. Lewis, 167 N.J. 91 (2001), the main case concerning relocation of residential custodial parents, custodial parents wanting to relocate have only to show that the move is being done in good faith …
Child Custody Laws in the New York State
After parents’ divorce, a child needs a guardian to care for him/her. Child Custody Laws in New York State ensure that the child is protected and that both parents are able to relate to the child. In New York, neither parent has preferred right to custody over their child; either parent can apply for custody in family court. The court …
Significant child custody victory by Attorney Randy Perlmutter, of Kantrowitz, Goldhamer & Graifman, P.C
Representing a father diligently & tenaciously for a period of 9 years Attorney Randy Perlmutter, of Kantrowitz, Goldhamer & Graifman, P.C, had a significant custody victory affirmed by the Appellate Division, 2d Department on November 18, 2015. Representing a father diligently & tenaciously for a period of 9 years, he had the original custody determination concerning 2 young children overturned, …
Charlie Sheen, Denise Richards and Brooke Mueller Involved in Messy Guardianship Case
According to the New York Daily News, actor Charlie Sheen’s children are going to live with an uncle after actress Denise Richards asked them to be removed from her home following a dispute over alleged violent behavior. The Daily News reported that Scott Mueller, the brother of Sheen’s ex-wife Brooke Mueller, has been named the temporary guardian of the 4-year-old …
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