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Category Archives: FAQs
How Do a Child’s Special Needs Affect Custody?
How Do a Child's Special Needs Affect Custody? In a special needs child custody case, the child's needs sit at the center of the judge's decision. New York judges look at which parent has managed therapies, schooling, and medical care, and which arrangement…
How Should Co-Parents Split a Holiday Custody Schedule in NYC?
A holiday custody schedule in NYC sets out which parent has the children for each holiday and school break, and it overrides the regular weekly schedule on those days. Most New York City parents alternate major holidays by year, split the day itself,…
What Is the Right of First Refusal in Custody?
If you are asking what is right of first refusal in custody in NYC, it is a parenting plan clause that requires one parent to offer the other parent extra time with the children before calling a babysitter, relative, or new partner to…
Can I Get a Temporary Order of Protection the Same Day?
Can I Get a Temporary Order of Protection the Same Day? Often, yes. A temporary order of protection in NYC Family Court can be issued the same day a petition is filed, if a judge finds good cause. October is National Domestic Violence…
Can I Fire My Lawyer and Hire a New One in a NYC Family Law Case?
Can I fire my lawyer in a NYC family law case? Yes. In New York, a client can discharge their lawyer at any time, with or without cause. If a divorce or custody case is already pending, the change must be formally recorded…
Can Text Messages Be Used in a Custody Case?
Can Text Messages Be Used in a Custody Case? Yes. Text messages can be used in court in a New York custody case when they are relevant and properly authenticated, meaning someone can show who sent them and that they are accurate. October…
Can Mediation Work in a High-Conflict Divorce?
Can Mediation Work in a High-Conflict Divorce? Sometimes. High-conflict divorce mediation can work when both spouses are safe, both share full financial information, and each has a lawyer reviewing the terms. It usually does not work when there is abuse, hidden money, or…
Can My Mental Health Be Used Against Me in Custody?
Can My Mental Health Be Used Against Me in Custody? Can my ex use my mental health against me? Your ex can raise it in a New York custody case, but a diagnosis alone does not decide custody. Judges focus on how a…
Does Financial Abuse Matter in a New York Divorce?
Does Financial Abuse Matter in a New York Divorce? Yes. Financial abuse in a divorce can matter in New York, both when a judge divides marital property and when a judge sets spousal maintenance. October is National Domestic Violence Awareness Month, a good…
What Is a Family Offense Petition?
What Is a Family Offense Petition? A family offense petition is the civil request a person files in New York Family Court asking a judge for an order of protection against a family member, a current or former spouse, a co-parent, or a…
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