NYC & Long Island Divorce — Weisman Law Group, PC
  • Home
  • Legal Services
    • Divorce Services >
      • Getting a Divorce
      • Divorce Mediation
    • Wills, Probate, & Trusts
  • Attorneys
    • RACHEL JB WEISMAN
    • SHERYL D. KING RICHARDS
    • JESSICA M. FOX
    • SHELLEY E. GRANT
  • About
  • Testimonials
  • Blog
    • Divorce Law Blog
    • News
  • Contact
  • +1-516-256-7737

A Divorce is Further Complicated by Child Custody (Bodre v. Stimaitz, 2017)

8/2/2017

0 Comments

 
Picture
​​After sixteen years of marriage with Mike, and devoting herself to caring for their household, Christine knew their marriage was over. Her conclusion was logical and rational but she had two children, ages 12 and 9, to consider. Where would the children live after divorce? Would she have to deal with Mike? Could Mike get custody of the children? How would she pay for the children’s expenses? Would Mike have the final say about the children since he paid for a majority of their expenses? Christine heard many conflicting answers from her friends. She was worried sick and could not sleep at night.

Divorce is never easy, especially when there are children involved. When parents cannot mutually agree upon their children’s best interests, Courts must determine issues, such as:
 
  • Child Custody: Where the children will live after the divorce?
  • Joint Custody or Visitation: How much time will each parent spend with the children and where?
  • Child Support: How will the children’s educational, medical, and psychological needs be met?
Schedule your FREE Child Custody Consultation, Now!
​Divorcing spouses, who once avoided communication with each other, are forced to work together to maintain a sense of stability for their children.  Ideally, parents should join together in making these decisions; however, in the real world, it often becomes a tug-of-war between two divorcing parents. Competent and caring legal representation becomes crucial in order to protect a parent’s rights. A competent family law attorney analyzes the law and the facts in order to provide the Court adequate information so that the Court can make correct decisions in the best interests of the children.
One of the most important and far-reaching decisions a Court makes is regarding child custody. There are two types of child custody decisions that Courts must make:
  1. Residential custody
  2. Legal custody
​Residential custody concerns where the children will live. Generally, one parent is designated as the custodial parent, and the other parent is provided parenting time with the children. If the parents live in close proximity and are able to work with one another, shared residential custody is also an option. This involves having the children alternate between two homes, and attend school and/or camp from these two homes.
Legal custody involves decision-making for the children. While the presiding court may deem one parent the custodial parent, and the other non-custodial, it may also state that both parents have authority over decisions pertaining to the children’s educational, medical and/or psychological needs. The court will determine that both parents have the legal right to receive information from schools and treatment providers, and work together when making decisions. This is called joint (legal) custody.
​Courts choose between a variety of custodial arrangements, depending upon the needs of the children, and the parents’ abilities to meet those needs. Since courts take an individualized approach to determining child custody, based upon each family’s unique circumstances, the possibilities are endless.
​Once the court renders a judgement regarding custody, it must be followed by both parents. If life circumstances change, a parent can petition for a modification based upon a “substantial change in circumstances.” A recent court decision held that a father’s change in work location from Suffolk County to the Bronx constituted a substantial change in circumstance by which to modify custody because it caused him to be out of the house for extended hours, leaving the children in the care of a babysitter. Bodre v. Stimaitz, 150 AD 3d 1228 (2nd Dept., 2017). The Courts can also consider things like, a change in parents’ availability for the children, serious family conflict, or the children’s stated preference to reside with the other parent.
​​If you are a parent who needs assistance in voicing your needs and rights to the Court with regard to custody, or seeking to modify a custodial arrangement that currently exists, you need a competent and knowledgeable Family Law Attorney. Rachel Weisman has over twenty-seven (27) years of experience representing clients throughout the New York metropolitan area. Ms. Weisman will evaluate the circumstances of your case, and be your advocate and guide. She is assertive, compassionate and personable, and is well regarded in the legal community. You can trust Ms. Weisman to give your family the care and attention that they deserve, because you and your child should receive nothing less.
Schedule your FREE Child Custody Consultation, Now!
0 Comments



Leave a Reply.

    Categories

    All
    Child Custody
    Divorce Case Analysis
    Divorce Law
    Divorce Litigation
    Divorce Mediation
    News
    Taxes

    About

    Attorneys of Weisman Law Group, P.C. write about changes to local family & divorce law, prominent divorce cases and verdicts, and the implications such cases around the world may have on family law.

    Archives

    June 2020
    May 2019
    April 2019
    October 2018
    August 2017
    June 2017

    RSS Feed

Avvo - Rate your Lawyer. Get Free Legal Advice.
Check out WEISMAN LAW GROUP P.C. on Yelp

Weisman Law Group, PC

© 2021 www.weismanpc.com
A group of divorce lawyers and family law attorneys based in Cedarhurst, NY.
140 Spruce St Cedarhurst, NY |
+1-516-256-7737 | wlg@weismanpc.com

Contact Form Disclaimer: Thank you for visiting our website.
Your use of this site and the information provided here is not intended to create and does not create an attorney client relationship with WEISMAN LAW GROUP, P.C. It does not constitute a contract for representation by WEISMAN LAW GROUP, P.C. No attorney client relationship is intended or created until a written agreement is signed. Readers should not act or rely upon any information contained on this site and should always seek the advice of an attorney in the reader’s state. The materials on this site are provided for informational purposes only and are not legal advice nor should they be construed as legal advice on any subject matter. WEISMAN LAW GROUP, P.C. assumes no liability for the use or interpretation of any information contained on this website.
These materials are intended, but not promised or guaranteed, to be correct, complete, or up-to-date. This site is not intended to be a source of advertising, solicitation or legal advice. Under the applicable law and ethics rules, this website may be construed as advertising in some jurisdictions.
If you are a client, remember that e-mails may not be secure.
Please be aware that contacting our firm by e-mail does not create an attorney-client relationship between you and our firm. Please do not send any confidential information or facts about your legal matter unless and until an attorney-client relationship has been established. When submitting an inquiry to WEISMAN LAW GROUP, P.C. through our contact us form, you agree that we have no obligation to maintain the confidentiality of any information you submit to us unless we have agreed in writing to represent you or we later agree in writing to do so. Thus, you agree that we may represent a party in a matter adverse to you even if the information you submit to us could be used against you in the matter.

Submit
Privacy Policy & Cookies Notification: We will never share, sell, or otherwise distribute your contact information when you use any of the forms on this website. In addition, This website uses ads to advertise on third party websites (including Google) to potential visitors to our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to many websites.

  • Home
  • Legal Services
    • Divorce Services >
      • Getting a Divorce
      • Divorce Mediation
    • Wills, Probate, & Trusts
  • Attorneys
    • RACHEL JB WEISMAN
    • SHERYL D. KING RICHARDS
    • JESSICA M. FOX
    • SHELLEY E. GRANT
  • About
  • Testimonials
  • Blog
    • Divorce Law Blog
    • News
  • Contact
  • +1-516-256-7737