Monthly Archives: November 2024
Understanding the Factors Related to Equitable Distribution in New York
When it comes to dividing the marital estate during a divorce, there are two different types of states: Equitable distribution states and community property states. In community property states, the marital estate is divided 50/50 between the two parties without consideration of their individual needs. New York is an equitable distribution state. That means… Read More »
Parental Alienation: What is it and How Do the Courts Respond?
Parental alienation is when one parent attempts to turn the children against the other parent without a justified cause. The New York family law courts consider it harmful to the children. The courts can use parental alienation as the basis for determining issues related to child custody and whether or not child support should… Read More »
How Parental Gatekeeping Can Impact Your Child Custody Case
Parental gatekeeping describes a situation in which the custodial parent unilaterally decides to block or restrict the children’s access to the other parent. Parental gatekeeping can appear in many forms. These range from one parent attempting to shield the child from real harm to other forms of more insidious gatekeeping that involve parental alienation…. Read More »
Grandparents’ Rights in New York State
New York allows grandparents limited rights to visitation. Generally speaking, the right of a grandparent to visit with a child depends entirely on whether or not one or both of the child’s parents have died. Otherwise, there is no statutory right to visitation in New York State if both of the child’s parents are… Read More »