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Newburgh DWI Defense and Family Law Blog

What factors do courts consider in child custody cases?

Imagine you're in the middle of a contentious divorce and now your soon-to-be ex has done the unthinkable. He's trying to take your parental rights away and assume full custody of your children. If he succeeds, your children will live with him full-time, and you might only get to see them for a handful of days per month.

It seems like an unthinkable outcome, to lose your parental rights, especially when your children are your own flesh and blood, and the most precious things in your life, but it is certainly a possibility when your parental rights are challenged in a New York court. If your child custody rights are being challenged, you may want to educate yourself on the different factors that New York family law judges will consider when making a decision on a child custody dispute.

3 ways to keep the details of your divorce private

Divorce is one of the most difficult life events people go through, and it is not unusual for people to prefer that details of the divorce be kept private. However, keeping things private these days can be very difficult because of how easy it is for people to find information online or through their various networks.

This is not to say the details of your divorce will inevitably become public. There are some steps you can take to keep things private as you go through this difficult time.

Can I stop my ex from moving away with our kids?

Maintaining a meaningful and stable relationship with your children after you get divorced can be very difficult for parents. This is particularly true if your ex wants to move away with your children.

However, before you assume that you are going to lose your children, you need to understand that in accordance with New York laws, a parent who shares custody of their children cannot take the kids and move without permission from the other parent and/or the courts.

Co-parents: Prepare for the challenges of back-to-school season

In the coming weeks, kids across New York will be readjusting to their new school schedule. It is also a time of adjustment for parents, particularly those who are co-parenting and new to the changes that come with the transition from summer vacation to a regular school schedule.

If you are in this group, understand that this transition can be confusing and frustrating the first time around. Below are a few steps you can take to make this situation a little easier for you and your kids.

Think you're too young for a prenup? Think again

Millennials are subjected to a number of negative stereotypes. Older generations say they are lazy, entitled and careless in ways they were not. However, the fact is that for many millennials, these descriptors could not be further from the truth.

In fact, many millennials are incredibly driven, cautious and outspoken. They take their future seriously and speak up about what they want and deserve. With this in mind, it should not be surprising that there is reportedly an uptick in millennials seeking prenuptial agreements. In this post, we will look at some reasons why you would be wise to consider signing a prenup if you are a millennial about to tie the knot.

5 tips for co-parenting as well as possible

You're not broken up about your divorce; instead, you're excited about what the future holds. You want to focus on your child and yourself.

At the same time, you know that co-parenting is a reality. That child belongs to your ex, as well. How can the two of you co-parent successfully for years to come?

What happens if child support is not paid in New York?

A child support order is a legally binding document that requires the payment of a specified amount of money to a custodial parent or guardian. This money is typically used to help care for a child when it comes to buying food, clothing, shelter, and much more. There are also mandatory additional payments, known as child support add-ons, that provide for payment of a child's health insurance premiums, unreimbursed or uncovered health expenses, child care expenses, and educational expenses. So, what happens when child support is not paid in New York?

It is a good idea for anyone who owes child support to pay it from the start. When payments are not made, they begin to pile up and add onto the current and future payments required, becoming child support arrears. All of the money a person owes in child support is tracked and reported by the New York Child Support Enforcement Agency.

How to balance dating and a child custody arrangement

Getting divorced is difficult in and of itself. Once the divorce goes final, you then have to come to an agreement on child custody. Maybe you are going to co-parent. Maybe you will be the primary custodian of the children. Maybe you will receive visitation rights based on your work schedule. Now add in the fact that you are ready to start dating again. Here are some tips for balancing dating and a child custody arrangement.

Once the divorce goes final, it takes quite some time for parents, especially those who are co-parenting, to get into a rhythm with their new schedule. The best advice out there is to prolong dating until you are able to acclimate yourself to the new schedule. You will set yourself up for problems if you keep adding to a schedule you are not comfortable with just yet.

Causes for a post-divorce modification

A divorce becoming final is a moment that often brings relief, as it is the end of a long and sometimes complicated process. Many former spouses are happy to have legal and custodial concerns finally resolved. However, sometimes well-made arrangements require a change.

There are several possible reasons for former spouses to apply for a post-divorce modification. Maintenance and child support arrangements may be dependent on income, and a renegotiation may be necessary if someone loses a job or experiences another life-altering event.

How do I prepare for a child custody hearing?

Divorce, once it goes final, does not typically mean you are done interacting with your spouse. In fact, it is just the beginning of a long relationship you will need to continue if you have children from the marriage. One event where you will need to prepare ahead of time is the child custody hearing. So, how do you prepare for the hearing?

The most important tip you can take to heart is understanding the child custody laws of New York. This is best done with the help of a family law attorney. This is not the type of case where you should represent yourself since it involves your children.

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