Category Archives: Child Custody

7 Things Divorced Parents Need to Know About Relocating

7 Things Divorced Parents Need to Know About Relocating by Joshua Katz

{4:20 minutes to read} Under New York Law, a custodial parent cannot relocate to another state without consent from the other parent or a court order.  

Imagine you are a single parent who has been offered a great job in Denver. You might be ready to pack your bags – but, not so fast. Unless you have consent from the other parent, it will be up to the court to decide whether you can move. This may be true even if you have “sole custody” of the child(ren)!

Continue reading

Traveling with Children? Make Sure You Read This First!

Traveling with Children? Make Sure You Read This First! by Joshua Katz

{2:20 minutes to read} What rights do custodial and noncustodial parents have to take their children on domestic or international trips?

Custody/visitation agreements and court orders should be as detailed and specific as possible. Agreements should specify whether or not either parent needs consent from the other parent prior to taking the child on a trip.

Continue reading

In a Custody Case, How Much Do the Child(ren)’s Desires Weigh In?

In a Custody Case, How Much Do the Child(ren)’s Desires Weigh In? by Joshua Katz

{2:40 minutes to read} In every custody case, there are at least 3 parties: two parents (usually), and the child. The child’s desires are an important factor for the court to consider. The court will appoint an attorney to represent the children to hear what the child has to say in terms of his or her own best interests.

Continue reading

Same-Sex Marriages – What Rights Does a Non-Biological Parent Have?

Same-Sex Marriages - What Rights Does a Non-biological Parent Have? by Joshua Katz

{2:50 minutes to read} In same-sex marriages, no presumption of legitimacy arises. 

New York Law states that a child conceived during a marriage is presumed to be legitimate. However, all presumptions are rebuttable, and a recent ruling by the Appellate Division holds that there is no presumption in cases of same-sex marriages.  

Continue reading

Legal vs Residential Custody: What Should You Know?

Legal vs Residential Custody: What Should You Know? by Joshua Katz

{3:05 minutes to read} When discussing custody with a client, it must be clear that there are two different facets: legal and residential.

  • Residential custody defines where the children will primarily reside; and
  • Legal custody concerns the decision-making authority for the children.

Generally, children will reside with one parent and visit with the other. The main issue to work out, with residential custody, is the parenting plan. How much time, and when, the children will visit with the non-custodial parent needs to be established.

Continue reading

Who Gets the Kids This Holiday?

Who Gets the Kids this Holiday? by Joshua Katz

{3:30 minutes to read}

When putting together a parenting plan, attorneys should be aware of all religious holidays, as well as civil holidays, that are important to the client. It goes without saying that children are to be with their mothers for Mother’s Day and their fathers for Father’s Day. But what about the rest of the holidays?

I can’t tell you how many clients I was dealing with on an emergency basis the week before Mother’s Day this year, because the clients couldn’t work out arrangements without help from counsel.

Continue reading

How Will Marijuana Use Affect Your Child Custody Case in New York State?

How Will Marijuana Use Affect Your Child Custody Case in New York State by Joshua Katz

{2:20 minutes to read} A lot of people don’t realize that New York State became the 23rd state to legalize the medical use of marijuana. We still don’t know – and probably won’t know for a couple of years – who will be allowed to prescribe it and for what illnesses. Medical marijuana will only be prescribed as a pill or through vaporization, and will not be legal to smoke.

Continue reading

Equal Parenting Rights is NOT a Presumption of 50/50 Time

Equal Parenting Rights is NOT a Presumption of 50/50 Time By Joshua Katz

{3:30 minutes to read} The laws in NY include no presumption in favor of one parent versus the other. However, there is no presumption in the law that parents are entitled to 50/50 time with their children. While equal access rights do exist, it does not mean that each parent is entitled to exact equal time with the children.

Continue reading

Manhattan-Quality Divorce Representation at a Queens Price

Manhattan-Quality Divorce Representation at a Queens Price By Joshua Katz

{1:15 minutes to read} Parents going through divorce want the best for their children, but sometimes they disagree on what “the best” actually is.

Child custody disputes are often the most contentious obstacles for divorcing parents to overcome. While there are many matrimonial law practitioners to choose from in New York, Plaine & Katz, LLP stands out from the crowd because of our experience and expertise in custody disputes and equitable distribution litigation, in addition to the following aspects of divorce:

Continue reading