Articles Posted in Custody and Visitation

When parents are involved in a custody or visitation dispute in New York, one of the most sensitive questions is whether the child’s wishes will be considered by the court. In some cases, the judge may conduct what is known as a “Lincoln hearing,” a private interview with the child outside the presence of the…

When parents are involved in a custody dispute, many assume the case will come down to who is “telling the truth.” While the credibility of the parties is important, evidence, what can actually be proven to the court through testimony, documents, records, and other admissible information, is what many cases ultimately turn on. Understanding how…

When co-parenting relationships break down, the impulse to document everything is understandable. Maybe the other parent is denying what they said. Maybe you’re worried about what’s happening during their parenting time. Maybe you just want proof. So you pull out your phone and hit record. Before you do, there are things you need to understand,…

Few situations are more stressful for a parent than when a child refuses to go with the other parent for scheduled parenting time. You’re caught between honoring a court order and responding to your child’s emotions, and either choice can feel like the wrong one. In New York, this issue is taken seriously by courts,…

One of the most practical, and sometimes contentious, issues that arises when parents separate is determining where their children will go to school. School enrollment may seem straightforward, but it can quickly become complicated when parents live in different school districts, disagree on schooling choices, or share custody across county lines. Understanding how New York…

If you’re involved in a custody dispute as part of a New York divorce, you may encounter an Attorney for the Child (AFC), a court-appointed lawyer whose role is to represent your child’s interests. It’s not uncommon for parents to feel frustrated with the AFC at some point during the case and wonder: Can I…

When families move across state lines, or when legal disputes involve parties living in different states, a common question arises: Will a court order from another state be recognized and enforced in New York? In most cases, the answer is yes. New York courts routinely enforce valid out-of-state orders. However, the process and legal standards…

One of the most common questions parents ask at the beginning of a separation is: “If I move out of the marital home, will I lose custody of my children?” The short answer in New York is that moving out does not automatically cause you to lose custody, but how you handle the move can significantly…

When parents separate or divorce, one of the most emotionally charged issues is parenting time. A question I frequently hear from clients across New York is: “Can I refuse visitation?” Or, on the other side: “What can I do if my child’s other parent is denying my visitation?” The answer depends on the circumstances, but in…

When a child’s safety is at risk, waiting weeks for a court date is not an option. Fortunately, New York law allows judges to act quickly in true emergencies. But “emergency” has a specific legal meaning, and not every urgent or upsetting situation qualifies. In this post, a Syracuse custody attorney explains what you need…