HomeCategoryChild Custody Archives - Daniel Clement

Covid Vaccination Raises Custody Issues In New York

Mirroring the national debate, covid vaccination has become an issue in divorce and child custody cases. New York courts are now being forced to grabble with issues in custody and parenting cases when children’s parents cannot agree about either their or their children’s vaccination status. These cases, and the cases that are yet to arise,...

Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child.  A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision...

How is Child Custody and Decision-Making Determined in New York?

There is a welcome trend in child custody cases in New York- parents, the courts and even New York divorce attorneys, are all recognizing the importance of both parents being engaged in making decisions effecting their children’s health, education and welfare. Rather than vesting one parent with child custody and decision making authority, now many...

How To Tell and Prepare Your Children For Divorce

The most difficult parts of divorce is that moment when you have to tell and then begin to prepare your children for the divorce. While your children may be bystanders to the decision to divorce and legal proceedings, they may suffer the consequences of the decisions they had no part in making. How you inform...

Tips To Make Holiday Visitation Less Stressful

For divorced parents in New York, December may be a bittersweet time.  While Christmas, Hanukkah, Kwanzaa and New Years are all joyful, they are also holidays that parents traditionally celebrate with their children and extended families.   It is likely, that your parenting plan and visitation schedule will allow your spouse to be with the children...

Same-Sex Custody in New York: Non-Biological Mom Can Seek Custody

Just as the definition of marriage has evolved in New York to include same-sex couples, so has the definition of family.   It is now common for a married same-sex couple to have children and, like heterosexual couples, when the relationship sours, custody battles ensue. Until recently, the existing law in New York was that a...

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