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Articles Posted in Custody and Visitation

The Impact of Domestic Violence Allegations on Custody Determinations in New York State
Tortora Law Firm Team

In New York State, child custody determinations are guided by the paramount principle of the child’s best interests. When domestic violence allegations enter the picture, they can profoundly influence the outcome of custody battles. Courts take these claims seriously, recognizing that exposure to violence, whether directed at the child or another family member, can have…

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Legal Custody Vs. Physical Custody: What’s the Difference?
Tortora Law Firm Team

Navigating child custody arrangements during a divorce or separation can be one of the most challenging aspects of family law. In New York State, custody decisions are always made with the child’s best interests in mind, but understanding the terminology is crucial for parents. Two key concepts often cause confusion: legal custody and physical custody.…

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The Impact of Mental Health on Custody Determinations in New York State
Tortora Law Firm Team

As an experienced Syracuse family law attorney with years of experience navigating complex custody cases across Central New York, I’ve seen firsthand how mental health issues can influence court decisions. Custody determinations are always centered on the “best interests of the child,” but when mental health comes into play, the process can become even more…

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Navigating Child Custody Jurisdiction When Parents Live in Different States
Tortora Law Firm Team

Child custody disputes can become particularly complex when they involve multiple states, raising questions about which court has the authority to make decisions. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides a framework to resolve these jurisdictional issues, ensuring that custody determinations are made in the child’s best interests while minimizing conflicts between…

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How Much Do a Child’s Wishes Matter in New York Custody Cases?
Tortora Law Firm Team

Navigating child custody disputes can be one of the most emotionally challenging aspects of family law. For parents in New York, understanding how the courts approach these decisions is crucial. While the primary focus is always on the “best interests of the child,” many parents wonder about the influence of their child’s own preferences. In…

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Understanding the Role of the Attorney for the Child in New York State Custody Matters
Tortora Law Firm Team

Navigating a custody dispute in New York can be emotionally challenging and legally complex. When parents cannot agree on custody or visitation arrangements, the court often appoints an Attorney for the Child (AFC) to represent the child’s interests. Previously known as a law guardian, the AFC plays a critical role in ensuring the child’s voice is…

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Can I Keep My Ex’s New Partner Away from Our Children? Understanding the Legal Factors That Matter in New York State
Tortora Law Firm Team

If you’re going through a divorce or custody battle in New York, one of the most emotionally charged issues that may arise is your ex introducing a new romantic partner to your children. It’s natural to have concerns, especially if you believe that this new person may be a bad influence or even pose a…

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Understanding Child Custody Relocation Petitions in New York
Tortora Law Firm Team

Sometimes circumstances necessitate a significant change, like moving to a new city or even out of state. For New York parents with existing child custody orders, such a move, known as “relocation,” isn’t as simple as packing your bags. It often requires a formal petition to the court for modification, especially if it impacts the…

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