Recent Posts in Child Custody Category

  • Parent Alienation

    Divorce is hard no matter what, especially when there are children involved. Negotiating custody, visitation, and support can be a timely and emotional process, which is why it’s key that both parties involved put the best interests of their children before everything else. But what happens when someone actually tries to poison their children against their former partner? The term “parental ...
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  • Dependency Exemptions & The Child Tax Credit Under the TCJA

    Making child custody and child support determinations is an integral aspect of the divorce process. Before spouses can legally part ways, they must first reach an agreement regarding related tax deductions and the child tax credit. Before 2018, parents could claim qualifying children as dependents on their tax returns, excluding up to $4,050 per dependent. By working with attorneys and divorce ...
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  • Child Custody: Older Siblings' Influence on Younger Children

    New York Judges’ Approach to Deciding Matters of Child Custody In New York State, judges typically do not ask or allow children to testify in divorce court or dictate with whom they will live. Depending on the case, a judge may consult with both parents’ attorneys to find out if a child has a preference, sometimes bringing in a third person to represent them if the parents’ lawyers provide ...
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  • Interstate Child Custody Orders

    What You Need to Know About Custody Orders Between States Although it can be difficult, it is not uncommon for divorced or unmarried parents to live in separate states. This type of arrangement can be challenging when it comes to determining how joint custody of a child will work between the parents. However, before parents start to argue about which state the child will be living in, it is ...
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  • Grandparent Visitation Rights in New York

    The divorce, separation, or death of a parent not only affects the couple and children involved, but also the grandparents. In New York, grandparents have a limited right to visit their grandkids—since the law recognizes that parents have a fundamental right to raise their children as they wish, including who visits their kids. Keep in mind, these rights only apply to biological or adoptive ...
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  • Forensic Experts in Child Custody Cases

    A child custody case is centered on the life of the child just as much as it is concerned with the lifestyles of the parents. In some ways, it could be argued that a child custody case is actually a parental control case. In order to get an accurate glimpse into family matters so intricately detailed and intentionally obscured, a forensic psychiatrist may be necessary. What is a Forensic ...
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  • Social Media and Divorce

    Everything these days winds up in one social media context or another. People post pictures of their coffee to Instagram, Tweet their thoughts on a traffic jam, give detailed explanations about their dinner on Facebook, and more. While it is great to be able to connect so readily with friends and strangers all around the world, there are some matters that should not be shared so openly, especially ...
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  • Talking to Your Kids About Divorce

    Whether it was your idea, your spouse’s decision, or a mutual agreement, going through a divorce is not going to be easy. If you share any children together, you can expect things to become even more difficult, especially when it comes to telling them the news. To help everyone get through this transition as easily as possible, always keep these suggestions in mind. Be honest: You should not try ...
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  • Traveling Abroad with Children After a Divorce: Tips and Pitfalls

    With summer approaching in New York, many parents have begun planning vacations for when their children are off from school. However, when the parents in question are in the middle of or previously were involved in divorce and/or custody litigation, traveling with children can be a complex issue. Specifically, traveling abroad with your child can be a challenge under New York law where the parents ...
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  • Domestic Violence and Custody Under New York Law: What A Litigant Needs to Know

    For many New Yorkers, one of the biggest issues in a divorce or other separation is custody. Under New York law, there are numerous factors that the Court will consider under the “best interests of the child” standard. One of these factors, which can create numerous challenges, is whether domestic violence has taken place between the parents, or been committed by either parent against the children ...
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  • Forensic Evaluations in a Custody Dispute

    Child custody orders are quite significant and have the power to shape a child’s entire future. With such a momentous decision on the line, emotions can quickly escalate, leading to a dispute between both parents. When this happens, the court may decide that a forensic evaluation is necessary and will enable them to make the most informed decision. Forensic evaluations are used to assess the ...
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  • Visitation Rights Between a Spouse and Child

    If you're still deciding on which NYC divorce attorney you should go to in working out child custody issues, we're available here at Peter L. Cedeño & Associates P.C. as a dependable law firm. One factor that we know you'll be asking about is visitation rights and the complexities therein you can't solve without the aid of an experienced attorney. It's an issue with potential contentious ...
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  • A Matter of Faith: How Religion Impacts Custody During and After Divorce in NY

    Although religion might not be a major concern during the course of a marriage, it can become the center of a major custody battle during not only divorce ligation, but years after a judgment has been finalized. Disputes over what religion to raise a couple’s children can even sometimes result in divorce. The religious background and upbringing of your child can have a major influence on their ...
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  • Relocation: When the Custodial Parent Wants to Move the Kids out of State, and How Courts Handle It

    As our society becomes more mobile in where we choose to live and work, an issue that is becoming increasingly common during divorce and custody litigation is when one parent seeks to relocate with one or more of the parties’ children. Although many states have requirements regarding the non-custodial parent’s rights with respect to relocating a child, New York is particularly strict in this ...
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  • A Father's Parenting Time Rights in New York

    In New York, fathers are now given equal consideration as mothers in child custody matters. Ideally, divorcing parents will reach a child custody agreement on their own but if that is not feasible, a judge will decide based on the best interests of the children. If you are a father who is headed for divorce , you may be concerned about your rights to your children, or at the very least, curious. ...
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  • Special Immigrant Juvenile Status: A Pathway to Citizenship for Undocumented Children through the New York Family Court

    One of the big issues in New York Family Law centers around immigration. It is very common for relatives in the United States—siblings, aunts, uncles, cousins, grandparents—to want to help bring over those they love. In many recent cases, the person they want to bring over is a child. However, coming to the United States is not easy and options for bringing over a younger loved one can be limited. ...
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  • Divorce and the Holidays: A Survival Guide

    One of the most challenging aspects of life post separation and divorce is managing the time each parent has with their children. However, during the holiday season, this stress can increase significantly. For many parents, the holidays are about more than just the time together itself. The holidays involve religious and family traditions, and large gatherings spent with extended relatives. ...
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  • New Spouse, Old Obligations: How Maintenance and Child Support can be Financially Impacted by Remarriage

    Although divorce can be an extremely difficult ordeal, many people are lucky enough to find someone new to share their lives with. Many people today enter new romantic relationships and get remarried. However, as wonderful as a second marriage can be, there are a number of financial issues on which, even years later, divorce can have a substantial impact. Therefore, it is important to be aware of ...
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  • Seeking Custody? A Guide on Do's and Don'ts

    In New York, custody and visitation are based on a "best interests of the child" analysis. Therefore, it is extremely important, as a parent seeking custody or visitation, to act in a way that conveys you have your child or children's best interests at heart. Listed below are several behaviors that you must, or, in other cases, should never, engage in during custody litigation. DO: Everything In ...
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