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HomeCategoryChild Custody Archives - Daniel Clement

How To Avoid Losing Child Custody: 10 Important Tips

Parents fight hard and seek every advantage to obtain custody of their children when going through a divorce. While there are no surefire ways to guarantee that you will win custody of your children, there are definitely things that you can do to assure you will lose custody.   Perhaps as important as strategizing for victory,...

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...

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