Former 90210 star Brian Austin Green (he was Tori Spelling’s love interest, I think) and his paramour Vanessa Marcil (Brenda on General Hospital and she had a big part on Vegas) have a little boy together named Kassius. And they are fighting over custody. It happens in all segments of society. People fight over the […]
Brian Austin Green (90210) and Vannessa Marcil (General Hospital, Vegas) apparently have a kid together and now they are in court in a custody battle over him. Things that make you go hme…
Child Custody and Visitation: Can the court order my spouse to visit with the child in the United States and not take the child to a foreign country? The short answer is the court can do whatever the court wants. But as a general rule, the court will not restrict visitation to the United States, […]
Divorce and Custody in New York: Who will get custody? In determining who will be awarded custody of under-age children, the court will look to what is in the child’s “best interest.” What does that mean? Well, it means different things to different people but basically, the questions asked are: who can provide for the […]
I fear my husband will kidnap my son and take him to another state. Can he change the custody order in another state?
A potential client called this morning in a panic. Her recently estranged husband who has moved to Kansas has been threatening to take the child and keep the child in Kansas. The husband, a citizen of Morocco, also has close familial ties in Morocco. The wife is petrified that not only can he take the […]
DIVORCE SALOON SPEAKS WITH FAMILY THERAPIST CARLETON KENDRICKS DIVORCE SALOON: As a leading family therapist have you found that divorced parents have a harder time keeping up the routine of eating together with their children? CARLETON KENDRICK: In both my professional and personal experience, I have found that recently divorced parents have had more […]
Okay. The deal with private schools is that generally the courts do not order a parent to pay for private school unless you can show that the child’s needs, interests and preferences calls for a private school education. The Courts will also consider cost and whether a parent’s financial circumstances can accommodate these costs. The […]
I want to get re-married as soon as I get the divorce judgment. Can I relocate with my child without my ex’s permission?
Relocation is a tricky issue and there doesn’t seem to be a set rule. However, most New York divorce and family law attorneys will talk about the Tropea case which is the seminal case on the issue of relocation. However, In Tropea the the ex-wife was pregnant and engaged, and requested permission to move the […]
As far as grandparents’ visitation rights if the parent does not allow any visitation at all, the court may order it if it is in the best interest of the child. Of course, this will be balanced with the relationship between the parent and grandparents.
The parent who wishes to relocate will have to show by clear and convincing evidence that the move is in the best interest of the child (and parent) and that the non-custodial parent will still have access to the child.
The whole point is that no parent can unilaterally stop the other from relocating or moving on with their lives but that right has to be weighed against the child’s right to have a relationship with both parents, and ultimately, the child’s “best interest.”
The amount of child support is fixed by statute as a percentage of gross income for the first $80,000 as follows: 17 % for one child 25 % for two children 29% for three children 31% for 4 children But the court can order a variance from the statute under certain circumstances. Refusing to pay […]
Yes. The Law mandates it. And don’t let the lawyer for the noncustodial spouse try to tell you that the court has to follow the CSSA guidelines in granting you an award of child support. That is not true. The Court can deviate from the guidelines when a divorce is pending. There are 10 factors […]